Co-Sponsors

S4742 - Details

S4742 - Summary

Requires timely approval of capital improvement projects by the department of education.

S4742 - Sponsor Memo

BILL NUMBER:S4742
TITLE OF BILL: An act to amend the education law, in relation to
approval of capital improvement projects by the department of
education
PURPOSE:
To require a timely approval of capital improvement projects by the
Department of Education.
SUMMARY OF PROVISIONS:
Section 1. Amends Section 408 of the Education Law by adding a new
subdivision 7 to require the department to complete and return their
review of any locally approved capital improvement project within
one-hundred and eighty day of receiving a completed application.
Section 2. Sets the effective date.
JUSTIFICATION:
The State Education Department (SED) has a significant approval back
log of capital improvement projects for school districts throughout
the State. As of April 1, 2015, The State Education Department has
informed my office that there are more than 800 capital improvement

projects currently awaiting approval by the SED, many of which are
significant safety deficiencies.
By requiring the State Education Department to complete and return an
applicant's review within 180 days of receiving a completed
application, School Districts will not have to delay their projects
due to the lack of efficiency by the State Education Department.
LEGISLATIVE,HISTORY:
New Bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.

S T A T E O F N E W Y O R K
________________________________________________________________________
4742
2015-2016 Regular Sessions
I N S E N A T E
April 15, 2015
___________
Introduced by Sen. FUNKE -- read twice and ordered printed, and when
printed to be committed to the Committee on Education
AN ACT to amend the education law, in relation to approval of capital
improvement projects by the department of education
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 408 of the education law is amended by adding a new
subdivision 7 to read as follows:
7. A. THE DEPARTMENT SHALL COMPLETE AND RETURN THEIR REVIEW, IN
ACCORDANCE WITH THE PROVISIONS OF THIS SECTION, OF ANY LOCALLY APPROVED
CAPITAL IMPROVEMENT PROJECT WITHIN ONE HUNDRED EIGHTY DAYS OF RECEIVING
A COMPLETED APPLICATION.
B. FOR THE PURPOSES OF THIS SECTION "CAPITAL IMPROVEMENT" SHALL MEAN
(I) ANY PHYSICAL PUBLIC BETTERMENT OR IMPROVEMENT OR ANY PRELIMINARY
STUDIES AND SURVEYS RELATIVE THERETO, OR
(II) LAND OR RIGHTS IN LAND, OR
(III) ANY FURNISHINGS, MACHINERY, APPARATUS OR EQUIPMENT FOR ANY PHYS-
ICAL BETTERMENT OR IMPROVEMENT WHEN SUCH BETTERMENT OR IMPROVEMENT IS
FIRST CONSTRUCTED OR ACQUIRED, OR
(IV) ANY COMBINATION OF SUBPARAGRAPHS (I), (II) AND (III) OF THIS
PARAGRAPH.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10383-02-5

S4732 - Summary

S4732 - Sponsor Memo

BILL NUMBER:S4732
TITLE OF BILL:
An act to amend the social services law, in relation to requiring
certain establishments to display a poster with information regarding
the national human trafficking resource center hotline
PURPOSE:
To amend the social services law, in relation to requiring certain
establishments to display a poster with information regarding the
national human trafficking resource center hotline.
SUMMARY OF PROVISIONS:
Establishments where victims of human trafficking are likely to travel
are required to post information regarding the national human
trafficking resource center hotline in a conspicuous place.
JUSTIFICATION:
Each year more than ten million people are trafficked -worldwide,
including more than one million children. Victims of human trafficking
are forced to engage in commercial sex, housework, farm work, and
other similar activities without compensation or an avenue of escape.

The National Human Trafficking Resource Center Hotline was established
to provide help and services to victims of human trafficking.
Awareness of this valuable resource is lacking, particularly in the
isolated communities affected by human trafficking. Posting
information regarding the hotline in locations where victims of human
trafficking are likely to see it, including highway rest stops, bus
stations, truck stops, airports, adult or sexually oriented businesses
and emergency rooms and emergency care centers, supplies the victims
with a chance to be saved from this modern day slavery.
LEGISLATIVE HISTORY:
None
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect on thethirtieth day after it shall have
become a law.

S T A T E O F N E W Y O R K
________________________________________________________________________
4732
2015-2016 Regular Sessions
I N S E N A T E
April 13, 2015
___________
Introduced by Sen. FUNKE -- read twice and ordered printed, and when
printed to be committed to the Committee on Social Services
AN ACT to amend the social services law, in relation to requiring
certain establishments to display a poster with information regarding
the national human trafficking resource center hotline
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The social services law is amended by adding a new section
483-ff to read as follows:
S 483-FF. NATIONAL HUMAN TRAFFICKING RESOURCE CENTER HOTLINE; POSTING
REQUIREMENT; PENALTY. (A) AN ESTABLISHMENT SHALL POST IN A CONSPICUOUS
PLACE NEAR THE ESTABLISHMENT'S PRIMARY PUBLIC ENTRANCE OR ANOTHER AREA
WHERE POSTERS AND NOTICES ARE CUSTOMARILY POSTED ON THE PREMISES OF THE
ESTABLISHMENT, A POSTER NO SMALLER THAN EIGHT AND ONE-HALF INCHES BY
ELEVEN INCHES IN SIZE THAT STATES THE FOLLOWING:
"IF YOU OR SOMEONE YOU KNOW IS BEING FORCED TO ENGAGE IN ANY ACTIVITY
AND CANNOT LEAVE - WHETHER IT IS COMMERCIAL SEX, HOUSEWORK, FARM WORK,
OR ANY OTHER SIMILAR ACTIVITY - CALL THE NATIONAL HUMAN TRAFFICKING
RESOURCE CENTER HOTLINE AT 1-888-373-7888 TO ACCESS HELP AND SERVICES.
VICTIMS OF HUMAN TRAFFICKING ARE PROTECTED UNDER UNITED STATES AND NEW
YORK STATE LAW.
THE HOTLINE IS:
(1) AVAILABLE TWENTY-FOUR HOURS A DAY, SEVEN DAYS A WEEK;
(2) TOLL FREE;
(3) OPERATED BY A NON-PROFIT, NON-GOVERNMENTAL ORGANIZATION;
(4) ANONYMOUS AND CONFIDENTIAL;
(5) ACCESSIBLE IN ONE HUNDRED SEVENTY LANGUAGES; AND
(6) ABLE TO PROVIDE HELP, REFERRAL TO SERVICES, TRAINING, AND GENERAL
INFORMATION."
(B) FOR PURPOSES OF THIS SECTION, THE TERM "ESTABLISHMENT" SHALL MEAN:
(1) A HIGHWAY REST STOP;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07366-01-5

S. 4732 2
(2) A BUS STATION;
(3) A TRUCK STOP;
(4) AN AIRPORT;
(5) ADULT OR SEXUALLY ORIENTED BUSINESSES; AND
(6) EMERGENCY ROOMS AND EMERGENCY CARE CENTERS.
(C) A POSTER REQUIRED UNDER SUBDIVISION (A) OF THIS SECTION SHALL BE
PRINTED IN ENGLISH AND SUCH OTHER LANGUAGES AS THE OFFICE OF CHILDREN
AND FAMILY SERVICES SHALL DEEM APPROPRIATE.
(D) THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL MAKE AVAILABLE
ON ITS PUBLIC WEBSITE AN ELECTRONIC VERSION OF THE POSTER REQUIRED BY
SUBDIVISION (A) OF THIS SECTION THAT MAY BE USED BY AN ESTABLISHMENT TO
PRINT SUCH POSTER. SUCH ELECTRONIC VERSION OF SUCH POSTER SHALL BE
AVAILABLE FOR PRINTING IN ENGLISH AND SUCH OTHER LANGUAGES AS SUCH
OFFICE SHALL DEEM APPROPRIATE.
(E) ANY ESTABLISHMENT OR ANY AGENCY, EMPLOYEE, OR REPRESENTATIVE THER-
EOF WHO WILFULLY AND KNOWINGLY FAILS, NEGLECTS, OR REFUSES TO PERFORM
ANY ACT REQUIRED BY THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY OF
NOT MORE THAN ONE HUNDRED DOLLARS FOR EACH SEPARATE OFFENSE. EACH DAY
THE VIOLATION CONTINUES SHALL CONSTITUTE A SEPARATE OFFENSE.
S 2. This act shall take effect on the thirtieth day after it shall
have become a law.

S4732A - Summary

S4732A - Sponsor Memo

BILL NUMBER: S4732A
TITLE OF BILL :
An act to amend the social services law, in relation to requiring the
commissioner of social services to make available on its website a
poster with information regarding the national human trafficking
resource center hotline
PURPOSE :
To amend the social services law, in relation to requiring certain
establishments to display a poster with information regarding the
national human trafficking resource center hotline.
SUMMARY OF PROVISIONS :
Establishments where victims of human.trafficking are likely to travel
are required to post information regarding the national human
trafficking resource center hotline in a conspicuous place.
JUSTIFICATION :
Each year more than ten million people are trafficked - worldwide,
including more than one million children. Victims of human trafficking
are forced to engage in commercial sex, housework, farm work, and

other similar activities without compensation or an avenue of escape.
The National Human Trafficking Resource Center Hotline was established
to provide help and services to victims of human trafficking.
Awareness of this valuable resource is lacking, particularly in the
isolated communities affected by human trafficking. Posting
information regarding the hotline in locations where victims of human
trafficking are likely to see it, including highway rest stops, bus
stations, truck stops, airports, adult or sexually oriented businesses
and emergency rooms and emergency care centers, supplies the victims
with a chance to be saved from this modern day slavery.
LEGISLATIVE HISTORY :
None
FISCAL IMPLICATIONS :
None
EFFECTIVE DATE :
This act shall take effect on the thirteenth day after it shall have
become a law.

S T A T E O F N E W Y O R K
________________________________________________________________________
4732--A
Cal. No. 666
2015-2016 Regular Sessions
I N S E N A T E
April 13, 2015
___________
Introduced by Sens. FUNKE, MARCHIONE -- read twice and ordered printed,
and when printed to be committed to the Committee on Social Services
-- recommitted to the Committee on Social Services in accordance with
Senate Rule 6, sec. 8 -- reported favorably from said committee,
ordered to first and second report, ordered to a third reading, passed
by Senate and delivered to the Assembly, recalled, vote reconsidered,
restored to third reading, amended and ordered reprinted, retaining
its place in the order of third reading
AN ACT to amend the social services law, in relation to requiring the
commissioner of social services to make available on its website a
poster with information regarding the national human trafficking
resource center hotline
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The social services law is amended by adding a new section
483-ff to read as follows:
S 483-FF. NATIONAL HUMAN TRAFFICKING RESOURCE CENTER HOTLINE POSTER.
(A) THE COMMISSIONER OF TEMPORARY AND DISABILITY ASSISTANCE SHALL MAKE
PUBLICLY AVAILABLE ON ITS WEBSITE AN ELECTRONIC VERSION OF THE NATIONAL
HUMAN TRAFFICKING RESOURCES CENTER (NHTRC) HOTLINE POSTER, OR CREATE AND
MAKE AVAILABLE A VARIATION THEREOF.
(B) THE POSTER SHALL:
(1) BE AVAILABLE FOR PRINTING, AT A MINIMUM, IN ENGLISH AND ALL OTHER
LANGUAGES THAT THE NHTRC POSTER IS AVAILABLE IN;
(2) BE AT LEAST EIGHT AND ONE-HALF INCHES BY ELEVEN INCHES IN SIZE;
AND
(3) IF CREATED BY THE COMMISSIONER, INCLUDE THE FOLLOWING STATEMENT:
"IF YOU OR SOMEONE YOU KNOW IS BEING FORCED TO ENGAGE IN ANY ACTIVITY
AND CANNOT LEAVE - WHETHER IT IS COMMERCIAL SEX, HOUSEWORK, FARM WORK,
OR ANY OTHER SIMILAR ACTIVITY - CALL THE NATIONAL HUMAN TRAFFICKING
RESOURCE CENTER HOTLINE AT 1-888-373-7888 TO ACCESS HELP AND SERVICES.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.

LBD07366-05-6
S. 4732--A 2
VICTIMS OF HUMAN TRAFFICKING ARE ELIGIBLE FOR PROTECTIONS AND SERVICES
UNDER UNITED STATES AND NEW YORK STATE LAW.
THE HOTLINE IS:
(1) AVAILABLE TWENTY-FOUR HOURS A DAY, SEVEN DAYS A WEEK;
(2) TOLL FREE;
(3) OPERATED BY A NON-PROFIT, NON-GOVERNMENTAL ORGANIZATION;
(4) ANONYMOUS AND CONFIDENTIAL;
(5) ACCESSIBLE IN ONE HUNDRED SEVENTY LANGUAGES; AND
(6) ABLE TO PROVIDE HELP, REFERRAL TO SERVICES, TRAINING, AND GENERAL
INFORMATION."
(C) THE COMMISSIONER SHALL CONSULT WITH OTHER STATE AGENCIES AND
ORGANIZATIONS THAT HE OR SHE DEEMS APPROPRIATE TO ENCOURAGE THAT SUCH
POSTERS ARE LOCATED IN PUBLIC PLACES WHERE TRAFFICKING VICTIMS MAY BE
PRESENT, INCLUDING BUT NOT LIMITED TO: HIGHWAY REST STOPS, BUS STATIONS,
TRUCK STOPS, AIRPORTS, ADULT OR SEXUALLY ORIENTED BUSINESSES, HOSPITALS
AND URGENT CARE CENTERS. IN CONSULTING WITH SUCH AGENCIES AND ORGANIZA-
TIONS, THE COMMISSIONER SHALL ADVISE THAT POSTERS SHOULD BE PLACED IN
CONSPICUOUS LOCATIONS NEAR PRIMARY PUBLIC ENTRANCES OR OTHER AREAS WHERE
POSTERS AND NOTICES ARE CUSTOMARILY POSTED ON THE PREMISES.
S 2. This act shall take effect on the sixtieth day after it shall
have become a law; provided, however, that effective immediately the
commissioner of temporary and disability assistance is authorized to
adopt any rules or regulations necessary to implement the provisions of
this act on such effective date.

S4726 - Summary

Prohibits the court from granting custody of or unsupervised visitation with a child to a person who has been convicted or accused of raping the parent of the child.

S4726 - Sponsor Memo

BILL NUMBER:S4726
TITLE OF BILL: An act to amend the domestic relations law and the
family court act, in relation to prohibiting the court from granting
custody of or unsupervised visitation with a child to a person who has
been convicted of or charged with raping the parent of the child
PURPOSE:
This bill would prevent the granting of custody or unsupervised
visitation of a child to a person who has been charged or convicted of
raping the parent of the child in question. The bill would also place
an automatic stay in any custody and paternity proceedings pending the
criminal charges of rape. Furthermore the denial of visitation under
circumstances outlined in this bill cannot be used against the mother
of the child when determining any support obligation.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends paragraph a of subdivision 1 of section 240 of the
domestic relations law.
Section 2 amends the family court act by adding a new section 552.
Section 3 amends subdivisions a, b, and c of section 651 of the family
court act.

Section 4 sets the effective date.
JUSTIFICATION:
This legislation would protect women who are victims of rape and then
subsequently conceive a child as a result of the rape from the threat
of custody and visitation proceedings from their alleged or convicted
attacker. Women around the country have had to deal with the fall out
of being attacked and then impregnated only to then face custody
proceedings as a form of intimidation from their attacker. Currently
31 states in the country do not have laws that protect women and their
children from their attackers. This bill would provide women in New
York State the peace of mind in knowing that they and their child will
not be threatened by their attacker.
PRIOR LEGISLATIVE HISTORY:
2013-14: A.4868- Referred to Judiciary
FISCAL IMPLICATIONS:
None to the State
EFFECTIVE DATE:
This act shall take effect immediately.

S T A T E O F N E W Y O R K
________________________________________________________________________
4726
2015-2016 Regular Sessions
I N S E N A T E
April 10, 2015
___________
Introduced by Sen. ROBACH -- read twice and ordered printed, and when
printed to be committed to the Committee on Children and Families
AN ACT to amend the domestic relations law and the family court act, in
relation to prohibiting the court from granting custody of or unsuper-
vised visitation with a child to a person who has been convicted of or
charged with raping the parent of the child
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) of subdivision 1 of section 240 of the domes-
tic relations law, as amended by chapter 476 of the laws of 2009, is
amended to read as follows:
(a) In any action or proceeding brought (1) to annul a marriage or to
declare the nullity of a void marriage, or (2) for a separation, or (3)
for a divorce, or (4) to obtain, by a writ of habeas corpus or by peti-
tion and order to show cause, the custody of or right to visitation with
any child of a marriage, the court shall require verification of the
status of any child of the marriage with respect to such child's custody
and support, including any prior orders, and shall enter orders for
custody and support as, in the court's discretion, justice requires,
having regard to the circumstances of the case and of the respective
parties and to the best interests of the child and subject to the
provisions of subdivision one-c of this section. Where either party to
an action concerning custody of or a right to visitation with a child
alleges in a sworn petition or complaint or sworn answer, cross-peti-
tion, counterclaim or other sworn responsive pleading that the other
party has committed an act of domestic violence against the party making
the allegation or a family or household member of either party, as such
family or household member is defined in article eight of the family
court act, and such allegations are proven by a preponderance of the
evidence, the court must consider the effect of such domestic violence
upon the best interests of the child, together with such other facts and
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01782-01-5

S. 4726 2
circumstances as the court deems relevant in making a direction pursuant
to this section and state on the record how such findings, facts and
circumstances factored into the direction. NO COURT SHALL AWARD CUSTODY
TO OR ALLOW UNSUPERVISED VISITATION WITH A PERSON WHO HAS BEEN CONVICTED
OF RAPING THE PARENT OF SUCH CHILD AND ANY REQUEST FOR CUSTODY OR UNSU-
PERVISED VISITATION BY A PERSON CHARGED WITH RAPING THE PARENT OF SUCH
CHILD SHALL BE STAYED PENDING RESOLUTION OF ANY CRIMINAL CHARGES OF
RAPE. If a parent makes a good faith allegation based on a reasonable
belief supported by facts that the child is the victim of child abuse,
child neglect, or the effects of domestic violence, and if that parent
acts lawfully and in good faith in response to that reasonable belief to
protect the child or seek treatment for the child, then that parent
shall not be deprived of custody, visitation or contact with the child,
or restricted in custody, visitation or contact, based solely on that
belief or the reasonable actions taken based on that belief. If an alle-
gation that a child is abused is supported by a preponderance of the
evidence, then the court shall consider such evidence of abuse in deter-
mining the visitation arrangement that is in the best interest of the
child, and the court shall not place a child in the custody of a parent
who presents a substantial risk of harm to that child, and shall state
on the record how such findings were factored into the determination. An
order directing the payment of child support shall contain the social
security numbers of the named parties. In all cases there shall be no
prima facie right to the custody of the child in either parent. Such
direction shall make provision for child support out of the property of
either or both parents. The court shall make its award for child support
pursuant to subdivision one-b of this section. Such direction may
provide for reasonable visitation rights to the maternal and/or paternal
grandparents of any child of the parties. Such direction as it applies
to rights of visitation with a child remanded or placed in the care of a
person, official, agency or institution pursuant to article ten of the
family court act, or pursuant to an instrument approved under section
three hundred fifty-eight-a of the social services law, shall be
enforceable pursuant to part eight of article ten of the family court
act and sections three hundred fifty-eight-a and three hundred eighty-
four-a of the social services law and other applicable provisions of law
against any person having care and custody, or temporary care and custo-
dy, of the child. Notwithstanding any other provision of law, any writ-
ten application or motion to the court for the establishment, modifica-
tion or enforcement of a child support obligation for persons not in
receipt of public assistance and care must contain either a request for
child support enforcement services which would authorize the collection
of the support obligation by the immediate issuance of an income
execution for support enforcement as provided for by this chapter,
completed in the manner specified in section one hundred eleven-g of the
social services law; or a statement that the applicant has applied for
or is in receipt of such services; or a statement that the applicant
knows of the availability of such services, has declined them at this
time and where support enforcement services pursuant to section one
hundred eleven-g of the social services law have been declined that the
applicant understands that an income deduction order may be issued
pursuant to subdivision (c) of section fifty-two hundred forty-two of
the civil practice law and rules without other child support enforcement
services and that payment of an administrative fee may be required. The
court shall provide a copy of any such request for child support
enforcement services to the support collection unit of the appropriate
S. 4726 3
social services district any time it directs payments to be made to such
support collection unit. Additionally, the copy of any such request
shall be accompanied by the name, address and social security number of
the parties; the date and place of the parties' marriage; the name and
date of birth of the child or children; and the name and address of the
employers and income payors of the party from whom child support is
sought or from the party ordered to pay child support to the other
party. Such direction may require the payment of a sum or sums of money
either directly to the custodial parent or to third persons for goods or
services furnished for such child, or for both payments to the custodial
parent and to such third persons; provided, however, that unless the
party seeking or receiving child support has applied for or is receiving
such services, the court shall not direct such payments to be made to
the support collection unit, as established in section one hundred
eleven-h of the social services law. Every order directing the payment
of support shall require that if either parent currently, or at any time
in the future, has health insurance benefits available that may be
extended or obtained to cover the child, such parent is required to
exercise the option of additional coverage in favor of such child and
execute and deliver to such person any forms, notices, documents or
instruments necessary to assure timely payment of any health insurance
claims for such child.
S 2. The family court act is amended by adding a new section 553 to
read as follows:
S 553. PATERNITY PROCEEDINGS STAYED FOR RAPE CHARGES AGAINST PUTATIVE
FATHER. 1. IF CRIMINAL CHARGES ALLEGING AN ACT OF RAPE ARE BROUGHT
AGAINST THE PUTATIVE FATHER OF A CHILD CONCEIVED AS THE RESULT OF THAT
ACT OF RAPE, THE COURT SHALL ISSUE AN AUTOMATIC STAY OF ANY PATERNITY
PROCEEDING INVOLVING BOTH THE CHILD AND THE ALLEGED PUTATIVE FATHER. THE
STAY SHALL NOT BE LIFTED UNTIL THERE IS A FINAL DISPOSITION OF SUCH
CRIMINAL CHARGES.
2. IN ANY FUTURE CUSTODY PROCEEDING, ANY DENIAL OF VISITATION UNDER
THIS SECTION SHALL NOT BE USED AGAINST THE MOTHER OF THE CHILD WHEN
DETERMINING ANY SUPPORT OBLIGATION.
S 3. Subdivisions (a), (b) and (c) of section 651 of the family court
act, subdivisions (a) and (c) as amended by chapter 85 of the laws of
1996 and subdivision (b) as amended by chapter 657 of the laws of 2003,
are amended to read as follows:
(a) When referred from the supreme court or county court to the family
court, the family court has jurisdiction to determine, in accordance
with subdivision one of section two hundred forty of the domestic
relations law and with the same powers possessed by the supreme court in
addition to its own powers, habeas corpus proceedings and proceedings
brought by petition and order to show cause, for the determination of
the custody or visitation of minors SUBJECT, HOWEVER, TO THE PROVISIONS
OF PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION TWO HUNDRED FORTY OF THE
DOMESTIC RELATIONS LAW PROHIBITING THE COURT FROM GRANTING CUSTODY OR
UNSUPERVISED VISITATION OF A CHILD TO A PERSON WHO HAS BEEN CONVICTED OF
OR CHARGED WITH RAPING THE PARENT OF THE CHILD.
(b) When initiated in the family court, the family court has jurisdic-
tion to determine, in accordance with subdivision one of section two
hundred forty of the domestic relations law and with the same powers
possessed by the supreme court in addition to its own powers, habeas
corpus proceedings and proceedings brought by petition and order to show
cause, for the determination of the custody or visitation of minors,
including applications by a grandparent or grandparents for visitation
S. 4726 4
or custody rights pursuant to section seventy-two or two hundred forty
of the domestic relations law SUBJECT, HOWEVER, TO THE PROVISIONS OF
PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION TWO HUNDRED FORTY OF THE
DOMESTIC RELATIONS LAW PROHIBITING THE COURT FROM GRANTING CUSTODY OR
UNSUPERVISED VISITATION OF A CHILD TO A PERSON WHO HAS BEEN CONVICTED OF
OR CHARGED WITH RAPING THE PARENT OF THE CHILD.
(c) When initiated in the family court pursuant to a petition under
part eight of article ten of this act or section three hundred fifty-
eight-a of the social services law, the family court has jurisdiction to
enforce or modify orders or judgments of the supreme court relating to
the visitation of minors in foster care, notwithstanding any limitation
contained in subdivision (b) of section four hundred sixty-seven of this
act BUT SUBJECT TO THE PROVISIONS OF PARAGRAPH (A) OF SUBDIVISION ONE OF
SECTION TWO HUNDRED FORTY OF THE DOMESTIC RELATIONS LAW PROHIBITING THE
COURT FROM GRANTING CUSTODY OR UNSUPERVISED VISITATION OF A CHILD TO A
PERSON WHO HAS BEEN CONVICTED OF OR CHARGED WITH RAPING THE PARENT OF
THE CHILD.
S 4. This act shall take effect immediately.

S4726A - Summary

Prohibits the court from granting custody of or unsupervised visitation with a child to a person who has been convicted or accused of raping the parent of the child.

S4726A - Sponsor Memo

BILL NUMBER: S4726A
TITLE OF BILL : An act to amend the domestic relations law and the
family court act, in relation to prohibiting the court from granting
custody of or unsupervised visitation with a child to a person who has
been convicted of or charged with raping the parent of the child
PURPOSE :
This bill would prevent the granting of custody or unsupervised
visitation of a child to a person who has been charged or convicted of
raping the parent of the child in question. The bill would also place
an automatic stay in any custody and paternity proceedings pending the
criminal charges of rape. Furthermore the denial of visitation under
circumstances outlined in this bill cannot be used against the mother
of the child when determining any support obligation.
SUMMARY OF SPECIFIC PROVISIONS :
Section 1 and 2 amends paragraph a of subdivision 1 of section 240 of
the domestic relations law.
Section 3 amends the family court act by adding a new section 553.
Section 4 amends subdivisions a, b, and c of section 651 of the family
court act.

Section 5 sets the effective date.
JUSTIFICATION :
This legislation would protect women who are victims of rape and then
subsequently conceive a child as a result of the rape from the threat
of custody and visitation proceedings from their alleged or convicted
attacker. Women around the country have had to deal with the fall out
of being attacked and then impregnated only to then face custody
proceedings as a form of intimidation from their attacker. Currently
31 states in the country do not have laws that protect women and their
children from their attackers. This bill would provide women in New
York State the peace of mind in knowing that they and their child will
not be threatened by their attacker.
PRIOR LEGISLATIVE HISTORY :
2015-16: A 310 Dinowitz - Referred to Judiciary
FISCAL IMPLICATIONS :
None to the State
EFFECTIVE DATE :
This act shall take effect immediately.

S T A T E O F N E W Y O R K
________________________________________________________________________
4726--A
2015-2016 Regular Sessions
I N S E N A T E
April 10, 2015
___________
Introduced by Sens. ROBACH, CROCI, GALLIVAN, MARCHIONE -- read twice and
ordered printed, and when printed to be committed to the Committee on
Children and Families -- recommitted to the Committee on Children and
Families in accordance with Senate Rule 6, sec. 8 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the domestic relations law and the family court act, in
relation to prohibiting the court from granting custody of or unsuper-
vised visitation with a child to a person who has been convicted of or
charged with raping the parent of the child
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) of subdivision 1 of section 240 of the domes-
tic relations law, as amended by chapter 476 of the laws of 2009, is
amended to read as follows:
(a) In any action or proceeding brought (1) to annul a marriage or to
declare the nullity of a void marriage, or (2) for a separation, or (3)
for a divorce, or (4) to obtain, by a writ of habeas corpus or by peti-
tion and order to show cause, the custody of or right to visitation with
any child of a marriage, the court shall require verification of the
status of any child of the marriage with respect to such child's custody
and support, including any prior orders, and shall enter orders for
custody and support as, in the court's discretion, justice requires,
having regard to the circumstances of the case and of the respective
parties and to the best interests of the child and subject to the
provisions of subdivision one-c of this section. Where either party to
an action concerning custody of or a right to visitation with a child
alleges in a sworn petition or complaint or sworn answer, cross-peti-
tion, counterclaim or other sworn responsive pleading that the other
party has committed an act of domestic violence against the party making
the allegation or a family or household member of either party, as such
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01782-02-6

S. 4726--A 2
family or household member is defined in article eight of the family
court act, and such allegations are proven by a preponderance of the
evidence, the court must consider the effect of such domestic violence
upon the best interests of the child, together with such other facts and
circumstances as the court deems relevant in making a direction pursuant
to this section and state on the record how such findings, facts and
circumstances factored into the direction. NO COURT SHALL AWARD CUSTODY
TO OR ALLOW UNSUPERVISED VISITATION WITH A PERSON WHO HAS BEEN CONVICTED
OF RAPING THE PARENT OF SUCH CHILD AND ANY REQUEST FOR CUSTODY OR UNSU-
PERVISED VISITATION BY A PERSON CHARGED WITH RAPING THE PARENT OF SUCH
CHILD SHALL BE STAYED PENDING RESOLUTION OF ANY CRIMINAL CHARGES OF
RAPE. If a parent makes a good faith allegation based on a reasonable
belief supported by facts that the child is the victim of child abuse,
child neglect, or the effects of domestic violence, and if that parent
acts lawfully and in good faith in response to that reasonable belief to
protect the child or seek treatment for the child, then that parent
shall not be deprived of custody, visitation or contact with the child,
or restricted in custody, visitation or contact, based solely on that
belief or the reasonable actions taken based on that belief. If an alle-
gation that a child is abused is supported by a preponderance of the
evidence, then the court shall consider such evidence of abuse in deter-
mining the visitation arrangement that is in the best interest of the
child, and the court shall not place a child in the custody of a parent
who presents a substantial risk of harm to that child, and shall state
on the record how such findings were factored into the determination. An
order directing the payment of child support shall contain the social
security numbers of the named parties. In all cases there shall be no
prima facie right to the custody of the child in either parent. Such
direction shall make provision for child support out of the property of
either or both parents. The court shall make its award for child support
pursuant to subdivision one-b of this section. Such direction may
provide for reasonable visitation rights to the maternal and/or paternal
grandparents of any child of the parties. Such direction as it applies
to rights of visitation with a child remanded or placed in the care of a
person, official, agency or institution pursuant to article ten of the
family court act, or pursuant to an instrument approved under section
three hundred fifty-eight-a of the social services law, shall be
enforceable pursuant to part eight of article ten of the family court
act and sections three hundred fifty-eight-a and three hundred eighty-
four-a of the social services law and other applicable provisions of law
against any person having care and custody, or temporary care and custo-
dy, of the child. Notwithstanding any other provision of law, any writ-
ten application or motion to the court for the establishment, modifica-
tion or enforcement of a child support obligation for persons not in
receipt of public assistance and care must contain either a request for
child support enforcement services which would authorize the collection
of the support obligation by the immediate issuance of an income
execution for support enforcement as provided for by this chapter,
completed in the manner specified in section one hundred eleven-g of the
social services law; or a statement that the applicant has applied for
or is in receipt of such services; or a statement that the applicant
knows of the availability of such services, has declined them at this
time and where support enforcement services pursuant to section one
hundred eleven-g of the social services law have been declined that the
applicant understands that an income deduction order may be issued
pursuant to subdivision (c) of section fifty-two hundred forty-two of
S. 4726--A 3
the civil practice law and rules without other child support enforcement
services and that payment of an administrative fee may be required. The
court shall provide a copy of any such request for child support
enforcement services to the support collection unit of the appropriate
social services district any time it directs payments to be made to such
support collection unit. Additionally, the copy of any such request
shall be accompanied by the name, address and social security number of
the parties; the date and place of the parties' marriage; the name and
date of birth of the child or children; and the name and address of the
employers and income payors of the party from whom child support is
sought or from the party ordered to pay child support to the other
party. Such direction may require the payment of a sum or sums of money
either directly to the custodial parent or to third persons for goods or
services furnished for such child, or for both payments to the custodial
parent and to such third persons; provided, however, that unless the
party seeking or receiving child support has applied for or is receiving
such services, the court shall not direct such payments to be made to
the support collection unit, as established in section one hundred
eleven-h of the social services law. Every order directing the payment
of support shall require that if either parent currently, or at any time
in the future, has health insurance benefits available that may be
extended or obtained to cover the child, such parent is required to
exercise the option of additional coverage in favor of such child and
execute and deliver to such person any forms, notices, documents or
instruments necessary to assure timely payment of any health insurance
claims for such child.
S 2. Paragraph (a) of subdivision 1 of section 240 of the domestic
relations law, as amended by chapter 567 of the laws of 2015, is amended
to read as follows:
(a) In any action or proceeding brought (1) to annul a marriage or to
declare the nullity of a void marriage, or (2) for a separation, or (3)
for a divorce, or (4) to obtain, by a writ of habeas corpus or by peti-
tion and order to show cause, the custody of or right to visitation with
any child of a marriage, the court shall require verification of the
status of any child of the marriage with respect to such child's custody
and support, including any prior orders, and shall enter orders for
custody and support as, in the court's discretion, justice requires,
having regard to the circumstances of the case and of the respective
parties and to the best interests of the child and subject to the
provisions of subdivision one-c of this section. Where either party to
an action concerning custody of or a right to visitation with a child
alleges in a sworn petition or complaint or sworn answer, cross-peti-
tion, counterclaim or other sworn responsive pleading that the other
party has committed an act of domestic violence against the party making
the allegation or a family or household member of either party, as such
family or household member is defined in article eight of the family
court act, and such allegations are proven by a preponderance of the
evidence, the court must consider the effect of such domestic violence
upon the best interests of the child, together with such other facts and
circumstances as the court deems relevant in making a direction pursuant
to this section and state on the record how such findings, facts and
circumstances factored into the direction. NO COURT SHALL AWARD CUSTODY
TO OR ALLOW UNSUPERVISED VISITATION WITH A PERSON WHO HAS BEEN CONVICTED
OF RAPING THE PARENT OF SUCH CHILD AND ANY REQUEST FOR CUSTODY OR UNSU-
PERVISED VISITATION BY A PERSON CHARGED WITH RAPING THE PARENT OF SUCH
CHILD SHALL BE STAYED PENDING RESOLUTION OF ANY CRIMINAL CHARGES OF
S. 4726--A 4
RAPE. If a parent makes a good faith allegation based on a reasonable
belief supported by facts that the child is the victim of child abuse,
child neglect, or the effects of domestic violence, and if that parent
acts lawfully and in good faith in response to that reasonable belief to
protect the child or seek treatment for the child, then that parent
shall not be deprived of custody, visitation or contact with the child,
or restricted in custody, visitation or contact, based solely on that
belief or the reasonable actions taken based on that belief. If an alle-
gation that a child is abused is supported by a preponderance of the
evidence, then the court shall consider such evidence of abuse in deter-
mining the visitation arrangement that is in the best interest of the
child, and the court shall not place a child in the custody of a parent
who presents a substantial risk of harm to that child, and shall state
on the record how such findings were factored into the determination.
Where a proceeding filed pursuant to article ten or ten-A of the family
court act is pending at the same time as a proceeding brought in the
supreme court involving the custody of, or right to visitation with, any
child of a marriage, the court presiding over the proceeding under arti-
cle ten or ten-A of the family court act may jointly hear the disposi-
tional hearing on the petition under article ten or the permanency hear-
ing under article ten-A of the family court act and, upon referral from
the supreme court, the hearing to resolve the matter of custody or visi-
tation in the proceeding pending in the supreme court; provided however,
the court must determine custody or visitation in accordance with the
terms of this section.
An order directing the payment of child support shall contain the
social security numbers of the named parties. In all cases there shall
be no prima facie right to the custody of the child in either parent.
Such direction shall make provision for child support out of the proper-
ty of either or both parents. The court shall make its award for child
support pursuant to subdivision one-b of this section. Such direction
may provide for reasonable visitation rights to the maternal and/or
paternal grandparents of any child of the parties. Such direction as it
applies to rights of visitation with a child remanded or placed in the
care of a person, official, agency or institution pursuant to article
ten of the family court act, or pursuant to an instrument approved under
section three hundred fifty-eight-a of the social services law, shall be
enforceable pursuant to part eight of article ten of the family court
act and sections three hundred fifty-eight-a and three hundred eighty-
four-a of the social services law and other applicable provisions of law
against any person having care and custody, or temporary care and custo-
dy, of the child. Notwithstanding any other provision of law, any writ-
ten application or motion to the court for the establishment, modifica-
tion or enforcement of a child support obligation for persons not in
receipt of public assistance and care must contain either a request for
child support enforcement services which would authorize the collection
of the support obligation by the immediate issuance of an income
execution for support enforcement as provided for by this chapter,
completed in the manner specified in section one hundred eleven-g of the
social services law; or a statement that the applicant has applied for
or is in receipt of such services; or a statement that the applicant
knows of the availability of such services, has declined them at this
time and where support enforcement services pursuant to section one
hundred eleven-g of the social services law have been declined that the
applicant understands that an income deduction order may be issued
pursuant to subdivision (c) of section fifty-two hundred forty-two of
S. 4726--A 5
the civil practice law and rules without other child support enforcement
services and that payment of an administrative fee may be required. The
court shall provide a copy of any such request for child support
enforcement services to the support collection unit of the appropriate
social services district any time it directs payments to be made to such
support collection unit. Additionally, the copy of any such request
shall be accompanied by the name, address and social security number of
the parties; the date and place of the parties' marriage; the name and
date of birth of the child or children; and the name and address of the
employers and income payors of the party from whom child support is
sought or from the party ordered to pay child support to the other
party. Such direction may require the payment of a sum or sums of money
either directly to the custodial parent or to third persons for goods or
services furnished for such child, or for both payments to the custodial
parent and to such third persons; provided, however, that unless the
party seeking or receiving child support has applied for or is receiving
such services, the court shall not direct such payments to be made to
the support collection unit, as established in section one hundred
eleven-h of the social services law. Every order directing the payment
of support shall require that if either parent currently, or at any time
in the future, has health insurance benefits available that may be
extended or obtained to cover the child, such parent is required to
exercise the option of additional coverage in favor of such child and
execute and deliver to such person any forms, notices, documents or
instruments necessary to assure timely payment of any health insurance
claims for such child.
S 3. The family court act is amended by adding a new section 553 to
read as follows:
S 553. PATERNITY PROCEEDINGS STAYED FOR RAPE CHARGES AGAINST PUTATIVE
FATHER. 1. IF CRIMINAL CHARGES ALLEGING AN ACT OF RAPE ARE BROUGHT
AGAINST THE PUTATIVE FATHER OF A CHILD CONCEIVED AS THE RESULT OF THAT
ACT OF RAPE, THE COURT SHALL ISSUE AN AUTOMATIC STAY OF ANY PATERNITY
PROCEEDING INVOLVING BOTH THE CHILD AND THE ALLEGED PUTATIVE FATHER. THE
STAY SHALL NOT BE LIFTED UNTIL THERE IS A FINAL DISPOSITION OF SUCH
CRIMINAL CHARGES.
2. IN ANY FUTURE CUSTODY PROCEEDING, ANY DENIAL OF VISITATION UNDER
THIS SECTION SHALL NOT BE USED AGAINST THE MOTHER OF THE CHILD WHEN
DETERMINING ANY SUPPORT OBLIGATION.
S 4. Subdivisions (a), (b) and (c) of section 651 of the family court
act, subdivisions (a) and (c) as amended by chapter 85 of the laws of
1996 and subdivision (b) as amended by chapter 657 of the laws of 2003,
are amended to read as follows:
(a) When referred from the supreme court or county court to the family
court, the family court has jurisdiction to determine, in accordance
with subdivision one of section two hundred forty of the domestic
relations law and with the same powers possessed by the supreme court in
addition to its own powers, habeas corpus proceedings and proceedings
brought by petition and order to show cause, for the determination of
the custody or visitation of minors SUBJECT, HOWEVER, TO THE PROVISIONS
OF PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION TWO HUNDRED FORTY OF THE
DOMESTIC RELATIONS LAW PROHIBITING THE COURT FROM GRANTING CUSTODY OR
UNSUPERVISED VISITATION OF A CHILD TO A PERSON WHO HAS BEEN CONVICTED OF
OR CHARGED WITH RAPING THE PARENT OF THE CHILD.
(b) When initiated in the family court, the family court has jurisdic-
tion to determine, in accordance with subdivision one of section two
hundred forty of the domestic relations law and with the same powers
S. 4726--A 6
possessed by the supreme court in addition to its own powers, habeas
corpus proceedings and proceedings brought by petition and order to show
cause, for the determination of the custody or visitation of minors,
including applications by a grandparent or grandparents for visitation
or custody rights pursuant to section seventy-two or two hundred forty
of the domestic relations law SUBJECT, HOWEVER, TO THE PROVISIONS OF
PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION TWO HUNDRED FORTY OF THE
DOMESTIC RELATIONS LAW PROHIBITING THE COURT FROM GRANTING CUSTODY OR
UNSUPERVISED VISITATION OF A CHILD TO A PERSON WHO HAS BEEN CONVICTED OF
OR CHARGED WITH RAPING THE PARENT OF THE CHILD.
(c) When initiated in the family court pursuant to a petition under
part eight of article ten of this act or section three hundred fifty-
eight-a of the social services law, the family court has jurisdiction to
enforce or modify orders or judgments of the supreme court relating to
the visitation of minors in foster care, notwithstanding any limitation
contained in subdivision (b) of section four hundred sixty-seven of this
act BUT SUBJECT TO THE PROVISIONS OF PARAGRAPH (A) OF SUBDIVISION ONE OF
SECTION TWO HUNDRED FORTY OF THE DOMESTIC RELATIONS LAW PROHIBITING THE
COURT FROM GRANTING CUSTODY OR UNSUPERVISED VISITATION OF A CHILD TO A
PERSON WHO HAS BEEN CONVICTED OF OR CHARGED WITH RAPING THE PARENT OF
THE CHILD.
S 5. This act shall take effect immediately; provided that section two
of this act shall take effect on the same date and in the same manner as
section 12 of chapter 567 of the laws of 2015, takes effect.

S4625 - Summary

Provides for family members of a crime victim and interested parties to make statements to members of the parole board; provides that such oral statement shall be made to the members of the state board of parole who will determine whether the defendant is released.

S4625 - Sponsor Memo

BILL NUMBER:S4625
TITLE OF BILL: An act to amend the criminal procedure law and the
executive law, in relation to requiring that all family members of a
crime victim and all interested parties who want to give a victim
impact statement to parole board members be allowed to do so
PURPOSE:
Provides for family members of a crime victim and interested parties
to make statements to members of the parole board.
SUMMARY OF PROVISIONS:
Section 1. Section 440.50 of the criminal procedure law, as added by
chapter 496 of the laws of 198, subdivision 1 as amended by section 80
of subpart S of part C of chapter 62 of the laws of 2011, and
subdivision 2 as amended by chapter 14 of laws of 1985. Section 2.
Paragraph (c) of subdivision 2 of section 28-f-1 of subpart A of part
C of chapter 62 of the laws of 2011. Section 3. This act shall take
effect on the first of November next succeeding the date on which it
shall have become a law.
JUSTIFICATION:
Prior to a convicted criminals parole hearing, it is necessary that

proper action is taken to ensure all evidence is brought to the
attention and consideration of the parole board. It is therefore
crucial to hear testimony from not only the victim and the criminal,
but family members and interested parties of a crime victim as well.
Any person who has been involved in the case and can provide
sufficient information should be allowed to go before all three
members of the parole board to testify. Previously, only one parole
board member was required to hear testimony from family members.
Giving family members the opportunity to speak before the parole board
will make the process open and more fair to a victim's family who has
gone through an emotional roller coaster since the criminal act was
committed. A convict has the ability to plead his case before all
three members of the parole board. Why can't all family members and
interested parties have the same opportunity to speak to all board
members? It is the states responsibility that crime victim's rights be
preserved, ensuring a more judicious process.
LEGISLATIVE HISTORY:
2014: S4153 Referred to Codes/ A6167 Referred to Codes
2012: S.2946 - Referred to Codes / A.7050 - Referred to Codes
2011: S.2946 - 3rd Reading Calendar/A.3596 - Referred to Codes
2010: S.730 - Referred to Codes/A.3596 - Referred to Codes
2009: S.730 - Referred to Codes/A.3596 - Referred to Codes
2008: S.6825 - Passed Senate/A.10118 - Referred to Codes
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

S T A T E O F N E W Y O R K
________________________________________________________________________
4625
2015-2016 Regular Sessions
I N S E N A T E
April 1, 2015
___________
Introduced by Sen. LANZA -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the criminal procedure law and the executive law, in
relation to requiring that all family members of a crime victim and
all interested parties who want to give a victim impact statement to
parole board members be allowed to do so
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 440.50 of the criminal procedure law, as added by
chapter 496 of the laws of 1978, subdivision 1 as amended by section 80
of subpart B of part C of chapter 62 of the laws of 2011, and subdivi-
sion 2 as amended by chapter 14 of the laws of 1985, is amended to read
as follows:
S 440.50 Notice to crime victims, FAMILY MEMBERS OF A CRIME VICTIM OR AN
INTERESTED PARTY of case disposition.
1. Upon the request of a victim of a crime, A FAMILY MEMBER OF A CRIME
VICTIM OR AN INTERESTED PARTY, or in any event in all cases in which the
final disposition includes a conviction of a violent felony offense as
defined in section 70.02 of the penal law or a felony defined in article
one hundred twenty-five of such law, the district attorney shall, within
sixty days of the final disposition of the case, inform the victim OR A
FAMILY MEMBER OF A CRIME VICTIM OR AN INTERESTED PARTY WHO REQUESTS TO
BE INFORMED by letter of such final disposition. If such final disposi-
tion results in the commitment of the defendant to the custody of the
department of corrections and community supervision for an indeterminate
sentence, the notice provided to the crime victim, A FAMILY MEMBER OF A
CRIME VICTIM OR AN INTERESTED PARTY shall also inform [the victim] HIM
OR HER of his or her right to submit a written, audiotaped, or vide-
otaped victim impact statement to the department of corrections and
community supervision or to meet personally with [a member] MEMBERS of
the state board of parole WHO WILL DETERMINE WHETHER THE DEFENDANT IS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01515-01-5

S. 4625 2
RELEASED at a time and place separate from the personal interview
between a member or members of the board and the inmate and make such a
statement, subject to procedures and limitations contained in rules of
the board, both pursuant to subdivision two of section two hundred
fifty-nine-i of the executive law. The right of the victim, A FAMILY
MEMBER OF THE CRIME VICTIM OR AN INTERESTED PARTY under this subdivision
to submit a written victim impact statement or to meet personally with
[a member] MEMBERS of the state board of parole applies to each personal
interview between a member or members of the board and the inmate.
2. As used in this section, "victim" means any person alleged or
found, upon the record, to have sustained physical or financial injury
to person or property as a direct result of the crime charged or a
person alleged or found to have sustained, upon the record, an offense
under article one hundred thirty of the penal law, or in the case of a
homicide or minor child, the victim's family.
3. As used in this section, "final disposition" means an ultimate
termination of the case at the trial level including, but not limited
to, dismissal, acquittal, or imposition of sentence by the court, or a
decision by the district attorney, for whatever reason, to not file the
case.
4. AS USED IN THIS SECTION, "FAMILY MEMBER OF A CRIME VICTIM" MEANS A
MEMBER OF THE VICTIM'S IMMEDIATE FAMILY WHO IS AT LEAST SIXTEEN YEARS
OLD.
5. AS USED IN THIS SECTION, "INTERESTED PARTY" SHALL MEAN A PERSON,
WHO IS NOT A FAMILY MEMBER OF A CRIME VICTIM, DESIGNATED BY THE JUDGE
WHO IMPOSES THE SENTENCE ON THE DEFENDANT, AS A PERSON WHO HAS AN
INVOLVEMENT WITH THE CASE SUFFICIENT TO MAKE HIM OR HER AN INTERESTED
PARTY. THE JUDGE WHO IMPOSES THE SENTENCE ON A DEFENDANT SHALL DESIGNATE
INTERESTED PARTIES, IF ANY, AT THE TIME OF SENTENCING.
S 2. Paragraph (c) of subdivision 2 of section 259-i of the executive
law, as separately amended by chapters 40 and 126 of the laws of 1999,
subparagraph (A) as amended by section 38-f-1 of subpart A of part C of
chapter 62 of the laws of 2011, is amended to read as follows:
(c) (A) Discretionary release on parole shall not be granted merely as
a reward for good conduct or efficient performance of duties while
confined but after considering if there is a reasonable probability
that, if such inmate is released, he will live and remain at liberty
without violating the law, and that his release is not incompatible with
the welfare of society and will not so deprecate the seriousness of his
crime as to undermine respect for law. In making the parole release
decision, the procedures adopted pursuant to subdivision four of section
two hundred fifty-nine-c of this article shall require that the follow-
ing be considered: (i) the institutional record including program goals
and accomplishments, academic achievements, vocational education, train-
ing or work assignments, therapy and interactions with staff and
inmates; (ii) performance, if any, as a participant in a temporary
release program; (iii) release plans including community resources,
employment, education and training and support services available to the
inmate; (iv) any deportation order issued by the federal government
against the inmate while in the custody of the department and any recom-
mendation regarding deportation made by the commissioner of the depart-
ment pursuant to section one hundred forty-seven of the correction law;
(v) any statement made to the board by the crime victim or the victim's
representative, where the crime victim is deceased or is mentally or
physically incapacitated OR A FAMILY MEMBER OF A CRIME VICTIM OR INTER-
ESTED PARTY AS DEFINED IN SECTION 440.50 OF THE CRIMINAL PROCEDURE LAW;
S. 4625 3
(vi) the length of the determinate sentence to which the inmate would be
subject had he or she received a sentence pursuant to section 70.70 or
section 70.71 of the penal law for a felony defined in article two
hundred twenty or article two hundred twenty-one of the penal law; (vii)
the seriousness of the offense with due consideration to the type of
sentence, length of sentence and recommendations of the sentencing
court, the district attorney, the attorney for the inmate, the pre-sen-
tence probation report as well as consideration of any mitigating and
aggravating factors, and activities following arrest prior to confine-
ment; and (viii) prior criminal record, including the nature and pattern
of offenses, adjustment to any previous probation or parole supervision
and institutional confinement. The board shall provide toll free tele-
phone access for crime victims, FAMILY MEMBERS OF CRIME VICTIMS AND
INTERESTED PARTIES AS DEFINED IN SECTION 440.50 OF THE CRIMINAL PROCE-
DURE LAW. In the case of an oral statement made in accordance with
subdivision one of section 440.50 of the criminal procedure law, [the
parole board member shall present a written report of the statement to
the parole board] SUCH ORAL STATEMENT SHALL BE MADE TO THE MEMBERS OF
THE STATE BOARD OF PAROLE WHO WILL DETERMINE WHETHER THE DEFENDANT IS
RELEASED. A crime victim's representative shall mean the crime victim's
closest surviving relative, the committee or guardian of such person, or
the legal representative of any such person. Such statement submitted by
the victim or victim's representative, OR A FAMILY MEMBER OF A CRIME
VICTIM OR INTERESTED PARTY AS DEFINED IN SECTION 440.50 OF THE CRIMINAL
PROCEDURE LAW may include information concerning threatening or intim-
idating conduct toward the victim, the victim's representative, or the
victim's family, made by the person sentenced and occurring after the
sentencing. Such information may include, but need not be limited to,
the threatening or intimidating conduct of any other person who or which
is directed by the person sentenced.
(B) Where a crime victim or victim's representative as defined in
subparagraph (A) of this paragraph OR A FAMILY MEMBER OF A CRIME VICTIM
OR INTERESTED PARTY AS DEFINED IN SECTION 440.50 OF THE CRIMINAL PROCE-
DURE LAW, or other person submits to the parole board a written state-
ment concerning the release of an inmate, the parole board shall keep
that individual's name and address confidential.
S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

S4515 - Summary

Provides for revocation of probation where a person is convicted of a felony or an offense in another jurisdiction which if committed in this state would constitute a felony, while the defendant is under probation supervision for a felony offense.

S4515 - Sponsor Memo

BILL NUMBER:S4515
TITLE OF BILL:
An act to amend the penal law and the criminal procedure law, in
relation to revocation of probation and re-sentencing upon conviction
of a felony while under probation supervision for a felony conviction
PURPOSE:
This bill would require that the court revoke probation and impose a
State prison sentence for felony offenders, where they are
subsequently convicted of committing a new felony while on probation
and sentenced to State time for that new felony. Additionally, the
bill would mandate that this new sentence run consecutively to the new
term of imprisonment, unless the court finds that mitigating
circumstances exist, in which case the court may impose a concurrent
term of incarceration.
SUMMARY OF PROVISIONS:
This bill would require that the court revoke probation and impose a
State prison sentence for felony offenders, where they are
subsequently convicted of committing a new felony while on probation
and sentenced to State time for that new felony. Additionally, the
bill would mandate that this new sentence run consecutively to the new

term of imprisonment, unless the court finds that mitigating
circumstances exist, in which case the court may impose a concurrent
term of incarceration. This bill would amend subdivision 4 of 560.01
of the Penal Law ("PL") with respect to authorized dispositions, and
would add a new subdivision 6 to PL § 70.25, the section pertaining to
concurrent and consecutive terms of imprisonment. In addition,
subdivision 2 of Criminal Procedure Law ("CPL") § 410.10 and
subdivision 1 of CPL § 410,70 would be amended, which govern
conditions of probation and hearings on violation of probation,
respectively. Subdivision 1 of CPL § 410.90 would also be amended,
stating that the court may at any time terminate either a period of
probation, other than a period of lifetime probation, for conviction
of a crime or a period of conditional discharge for an offense, except
that conviction of a new felony or conviction of an offense in another
jurisdiction which if committed in this state would constitute a
felony, which new felony is committed while under his or her present
probation supervision for a felony offense, shall result in revocation
of probation upon imposition of an indeterminate or determinate
sentence for the new offense pursuant to subdivision four of section
60.01 of the penal law, and shall not result in the termination of
probation. Section 6. This act shall take effect on the ninetieth day
after it shall have become a law.
JUSTIFICATION:
Current law does not mandate revocation of probation under
circumstances where a person on probation for having been convicted of
a felony is convicted of a new felony. In fact, existing law does not
mandate revocation of probation at all, regardless of the nature of
the violation of probation. When the court determines that an offender
is in violation of the conditions of probation, Judges have the
discretion to impose whatever penalty they choose, including restoring
the person to probation, terminating probation without any penalty or
imposing a concurrent sentence which merely runs along with a sentence
for a new offense. Although CPL § 410.10(2) specifically states that
commission of an additional offense while on probation is grounds for
revocation of such probation sentence, some courts nevertheless do not
revoke probation and re-sentence offenders to State time for the
original offense, even when these offenders are already on probation
for a felony and are now convicted of another felony. What most
commonly occurs is that probation is terminated or the probationer
receives a concurrent sentence. In either case, the probationer is
receiving no additional time for the underling felony. Failure of some
courts to revoke probation and impose a consecutive sentence of
incarceration in this situation provides the defendant with felony
convictions that remain unpunished. In other words, their first felony
is absolutely free. Any probation sentence represents an agreement
between the defendant and the court that he or she will not be
incarcerated, provided that he or she remains law-abiding and complies
with the conditions of supervision. The defendant is being given a
second chance. A sentence of anything less than a consecutive sentence
sends the message to probationers that they need not worry about
committing another felony while on probation, because the first felony
may be virtually ignored. It also signals that there may be few or no
consequences for lesser offenses or failure to comply with court or
probation directives, thereby undermining Department of Probation's
ability to safely supervise these offenders in the community. In
general, the goal of a sentence of probation is to rehabilitate the
offender, and particular conditions of probation are imposed that are
deemed "reasonably necessary to insure that the defendant will lead a
law abiding life or assist him to do so," PL § 65.10(1). Commission of
a new felony while on probation is a obviously a serious violation of
probation, and one that should have serious consequences. In contrast,
with respect to State parolees, Executive Law § 259-i (3)(d)(iii)
provides for the automatic declaration of delinquency when a parolee
has been convicted of a new felony and sentenced to state prison.
Moreover, PL § 70.25 currently provides for consecutive sentences in
special circumstances. This bill would amend PL §§ 60.01 and 70.25 and
CPL §§ 410.10 and 410.70 to minor the Executive Law by requiring
revocation of probation for felony probationers who have been
convicted of a new felony and are sentenced to state time for that new
felony. It also would require a sentence of at least a year on the
original felony, and would add this to the situations triggering
consecutive sentences, unless a judge finds mitigating circumstances.
LEGISLATIVE HISTORY:
2014: S.2298 Passed Senate / A4966 Referred to Codes
2012: S.2944 - Referred to Codes/A.10427 - Referred to Codes
2011: S.2944 - Referred to Codes
2010: S.613 Referred to Codes/A.7809 - Referred to Codes
2009: S.613 - Referred to Codes/A.7809 - Referred to Codes
2008: S.5802 - Passed Senate/A.8384 - Referred to Codes
2007: S.5802 - Passed Senate/A.8384 - Referred to Codes
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become law.

S T A T E O F N E W Y O R K
________________________________________________________________________
4515
2015-2016 Regular Sessions
I N S E N A T E
March 25, 2015
___________
Introduced by Sen. LANZA -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law and the criminal procedure law, in
relation to revocation of probation and re-sentencing upon conviction
of a felony while under probation supervision for a felony conviction
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4 of section 60.01 of the penal law, as amended
by chapter 548 of the laws of 1984, is amended to read as follows:
4. In any case where a person has been sentenced to a period of
probation imposed pursuant to section 65.00 of this chapter, if the part
of the sentence that provides for probation is revoked, the court must
sentence such person to imprisonment or to the sentence of imprisonment
and probation as provided for in paragraph (d) of subdivision two of
this section. PROVIDED, HOWEVER, THAT WHERE A PERSON WHO HAS BEEN
SENTENCED TO A PERIOD OF PROBATION UPON CONVICTION OF A FELONY IS SUBSE-
QUENTLY CONVICTED OF A FELONY OR IS CONVICTED OF AN OFFENSE IN ANOTHER
JURISDICTION WHICH IF COMMITTED IN THIS STATE WOULD CONSTITUTE A FELONY,
WHICH SUBSEQUENT FELONY IS COMMITTED WHILE UNDER HIS OR HER PRESENT
PROBATION SUPERVISION, AND A NEW INDETERMINATE OR DETERMINATE SENTENCE
IS IMPOSED FOR SUCH SUBSEQUENT FELONY, THE PART OF THE SENTENCE THAT
PROVIDED FOR PROBATION SHALL BE REVOKED AND SUCH PERSON SHALL BE
SENTENCED TO A TERM OF IMPRISONMENT OF OVER ONE YEAR. SUCH TERM SHALL
RUN CONSECUTIVELY TO THE TERM OF IMPRISONMENT IMPOSED FOR THE SUBSEQUENT
FELONY, UNLESS THE COURT DETERMINES THAT MITIGATING CIRCUMSTANCES EXIST,
IN WHICH CASE THE COURT MUST PLACE SUCH CIRCUMSTANCES ON THE RECORD AND
A CONCURRENT SENTENCE MAY BE IMPOSED.
S 2. Section 70.25 of the penal law is amended by adding a new subdi-
vision 6 to read as follows:
6. WHERE A PERSON WHO HAS BEEN SENTENCED TO A PERIOD OF PROBATION
IMPOSED PURSUANT TO SECTION 65.00 OF THIS TITLE UPON CONVICTION OF A
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00854-01-5

S. 4515 2
FELONY IS SUBSEQUENTLY CONVICTED OF A FELONY OR IS CONVICTED OF AN
OFFENSE IN ANOTHER JURISDICTION WHICH IF COMMITTED IN THIS STATE WOULD
CONSTITUTE A FELONY, WHICH SUBSEQUENT FELONY IS COMMITTED WHILE UNDER
HIS OR HER PRESENT PROBATION SUPERVISION, AND A NEW INDETERMINATE OR
DETERMINATE SENTENCE IS IMPOSED FOR SUCH SUBSEQUENT FELONY, THE PART OF
THE SENTENCE THAT PROVIDED FOR PROBATION SHALL BE REVOKED, AND SUCH
PERSON SHALL BE SENTENCED TO A TERM OF IMPRISONMENT OF OVER ONE YEAR.
SUCH TERM SHALL RUN CONSECUTIVELY TO THE TERM OF IMPRISONMENT IMPOSED
FOR THE SUBSEQUENT FELONY, UNLESS THE COURT DETERMINES THAT MITIGATING
CIRCUMSTANCES EXIST, IN WHICH CASE THE COURT MUST PLACE SUCH CIRCUM-
STANCES ON THE RECORD AND A CONCURRENT SENTENCE MAY BE IMPOSED.
S 3. Subdivision 2 of section 410.10 of the criminal procedure law is
amended to read as follows:
2. Commission of an additional offense, other than a traffic infrac-
tion, after imposition of a sentence of probation or of conditional
discharge, and prior to expiration or termination of the period of the
sentence, constitutes a ground for revocation of such sentence irrespec-
tive of whether such fact is specified as a condition of the sentence.
CONVICTION OF A SUBSEQUENT FELONY OR OF AN OFFENSE IN ANOTHER JURISDIC-
TION WHICH IF COMMITTED IN THIS STATE WOULD CONSTITUTE A FELONY, WHILE
THE DEFENDANT IS UNDER PROBATION SUPERVISION FOR A FELONY OFFENSE, SHALL
RESULT IN REVOCATION OF PROBATION UPON IMPOSITION OF AN INDETERMINATE OR
DETERMINATE SENTENCE FOR THE SUBSEQUENT OFFENSE.
S 4. Subdivision 1 of section 410.70 of the criminal procedure law, as
amended by chapter 17 of the laws of 2014, is amended to read as
follows:
1. In general. The court may not revoke a sentence of probation or a
sentence of conditional discharge, or extend a period of probation,
unless (a) the court has found that the defendant has violated a condi-
tion of the sentence OR (B) THE DEFENDANT WHILE UNDER PROBATION SUPER-
VISION IMPOSED UPON CONVICTION OF A FELONY HAS BEEN CONVICTED OF A
SUBSEQUENT FELONY, OR IS CONVICTED OF AN OFFENSE IN ANOTHER JURISDICTION
WHICH IF COMMITTED IN THIS STATE WOULD CONSTITUTE A FELONY, and [(b)]
(C) the defendant has had an opportunity to be heard pursuant to this
section. The defendant is entitled to a hearing in accordance with this
section promptly after the court has filed a declaration of delinquency
or has committed him OR HER or has fixed bail pursuant to this article.
S 5. Subdivision 1 of section 410.90 of the criminal procedure law, as
amended by chapter 238 of the laws of 1980, is amended to read as
follows:
1. The court may at any time terminate either a period of probation,
other than a period of lifetime probation, for conviction to a crime or
a period of conditional discharge for an offense, EXCEPT THAT CONVICTION
OF A SUBSEQUENT FELONY OR CONVICTION OF AN OFFENSE IN ANOTHER JURISDIC-
TION WHICH IF COMMITTED IN THIS STATE WOULD CONSTITUTE A FELONY, WHICH
SUBSEQUENT FELONY IS COMMITTED WHILE UNDER HIS OR HER PRESENT PROBATION
SUPERVISION FOR A FELONY OFFENSE, SHALL RESULT IN REVOCATION OF
PROBATION UPON IMPOSITION OF AN INDETERMINATE OR DETERMINATE SENTENCE
FOR THE SUBSEQUENT OFFENSE PURSUANT TO SUBDIVISION FOUR OF SECTION 60.01
OF THE PENAL LAW, AND SHALL NOT RESULT IN THE TERMINATION OF PROBATION.
S 6. This act shall take effect on the ninetieth day after it shall
have become a law.

A2824 - Summary

S T A T E O F N E W Y O R K
________________________________________________________________________
2824
2015-2016 Regular Sessions
I N A S S E M B L Y
January 20, 2015
___________
Introduced by M. of A. WEPRIN, BUCHWALD, OTIS -- read once and referred
to the Committee on Election Law
AN ACT to amend the election law, in relation to watchers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4 of section 8-500 of the election law, as
amended by chapter 254 of the laws of 2014, is amended to read as
follows:
4. Each watcher must be a qualified voter of the city or county in
which he or she is to serve[. No person shall be appointed or act as a
watcher who is a candidate for any public office to be voted for by the
voters of the election district in the same election in which the watch-
er is to serve. Nothing in this subdivision shall be construed as
prohibiting any such candidate from visiting a polling place in such
district on an election day while the polls are open], OR AN ATTORNEY
WHO IS A NEW YORK STATE RESIDENT AND IS LICENSED TO PRACTICE LAW
THEREIN.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07704-01-5

A2824A - Summary

S T A T E O F N E W Y O R K
________________________________________________________________________
2824--A
2015-2016 Regular Sessions
I N A S S E M B L Y
January 20, 2015
___________
Introduced by M. of A. WEPRIN, BUCHWALD, OTIS, ABINANTI -- read once and
referred to the Committee on Election Law -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the election law, in relation to watchers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4 of section 8-500 of the election law, as
amended by chapter 254 of the laws of 2014, is amended to read as
follows:
4. Each watcher must be a qualified voter of the city or county in
which he or she is to serve. No person shall be appointed or act as a
watcher who is a candidate for any public office to be voted for by the
voters of the election district in the same election in which the watch-
er is to serve. Nothing in this subdivision shall be construed as
prohibiting any such candidate from visiting a polling place in such
district on an election day while the polls are open, OR AN ATTORNEY WHO
IS A NEW YORK STATE RESIDENT AND IS LICENSED TO PRACTICE LAW THEREIN.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07704-02-5

assembly Bill A2824

2015-2016 Legislative Session

Provides that attorneys licensed to practice in the state or law students who attend an American Bar Association accredited law school, may serve as a poll watcher in any city or county in the state

A2824 - Summary

S T A T E O F N E W Y O R K
________________________________________________________________________
2824
2015-2016 Regular Sessions
I N A S S E M B L Y
January 20, 2015
___________
Introduced by M. of A. WEPRIN, BUCHWALD, OTIS -- read once and referred
to the Committee on Election Law
AN ACT to amend the election law, in relation to watchers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4 of section 8-500 of the election law, as
amended by chapter 254 of the laws of 2014, is amended to read as
follows:
4. Each watcher must be a qualified voter of the city or county in
which he or she is to serve[. No person shall be appointed or act as a
watcher who is a candidate for any public office to be voted for by the
voters of the election district in the same election in which the watch-
er is to serve. Nothing in this subdivision shall be construed as
prohibiting any such candidate from visiting a polling place in such
district on an election day while the polls are open], OR AN ATTORNEY
WHO IS A NEW YORK STATE RESIDENT AND IS LICENSED TO PRACTICE LAW
THEREIN.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07704-01-5

A2824A - Summary

S T A T E O F N E W Y O R K
________________________________________________________________________
2824--A
2015-2016 Regular Sessions
I N A S S E M B L Y
January 20, 2015
___________
Introduced by M. of A. WEPRIN, BUCHWALD, OTIS, ABINANTI -- read once and
referred to the Committee on Election Law -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the election law, in relation to watchers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4 of section 8-500 of the election law, as
amended by chapter 254 of the laws of 2014, is amended to read as
follows:
4. Each watcher must be a qualified voter of the city or county in
which he or she is to serve. No person shall be appointed or act as a
watcher who is a candidate for any public office to be voted for by the
voters of the election district in the same election in which the watch-
er is to serve. Nothing in this subdivision shall be construed as
prohibiting any such candidate from visiting a polling place in such
district on an election day while the polls are open, OR AN ATTORNEY WHO
IS A NEW YORK STATE RESIDENT AND IS LICENSED TO PRACTICE LAW THEREIN.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07704-02-5

senate Bill S4339

2015-2016 Legislative Session

Relates to permissible employment, employment related activities, and volunteer activities that may be performed by convicted sex offenders

Actions

referred to crime victims, crime and correctionreturned to senatedied in assembly

Jun 15, 2015

referred to correctiondelivered to assemblypassed senate

May 19, 2015

advanced to third reading

May 18, 2015

2nd report cal.

May 13, 2015

1st report cal.674

Mar 16, 2015

referred to crime victims, crime and correction

S4339 - Details

Current Committee:

Law Section:

Correction Law

Laws Affected:

Amd §168-v, Cor L

S4339 - Summary

Relates to permissible employment, employment related activities, and volunteer activities that may be performed by convicted sex offenders; prohibits sex offenders from working on vehicles that sell frozen desserts and from working at a facility where they have unsupervised access to residential living quarters.

S4339 - Sponsor Memo

BILL NUMBER:S4339
TITLE OF BILL:
An act to amend the correction law, in relation to permissible
employment, employment related activities, and volunteer activities
that may be performed by convicted sex offenders
PURPOSE:
This bill would prohibit an individual who is a convicted sex offender
from working or volunteering in a position where they would have
unsupervised access to a residential living quarters.
SUMMARY OF PROVISIONS:
Section one amends the correction law to prohibit an individual
registered under the sex offender registration act from being employed
or volunteering for a position which would permit such person to have
unsupervised access to a residential living quarters.
Section two sets an immediate effective date.
EXISTING LAW:
Click here

JUSTIFICATION:
The enactment of the Sex Offender Registration Act (SORA) (Correction
Law Article 6-C) established a system within which to protect our
communities by requiring sex offenders to register with the State, and
to make public information about offenders living in our
neighborhoods. Armed with this information, our communities are able
to shield the most vulnerable of citizens.
The law has provisions regarding residential prohibitions, however,
employment prohibitions to provide necessary public protection are not
as comprehensive. In fact, there are no prohibitions from hiring a
registered sex offender and giving them unsupervised access to a
person's home.
This loophole was highlighted in the news when it was discovered that
a Level-3 sex offender was employed as a superintendent in a
residential building in Manhattan. Employment as a building
superintendent allowed this convicted offender to possess keys to
individual apartments. Permitting convicted sex offenders such
unsupervised access is dangerous, and counter-intuitive. Most shocking
about this unfettered access to residences, is that the existing law
does not prohibit convicted sex offenders from obtaining such
employment.
Amending Section 168-v of the Correction Law expands and enhances the
protections established by the Sex Offender Registration Act. This
amendment is not intended to bar one's ability to secure a livelihood,
but to exclude from permissible employment those positions in which
convicted sex offenders have unsupervised access to residences.
Requiring direct supervision of any convicted sex offender employee,
or volunteer, who has access to residential living quarters is not
only prudent, but necessary for public protection.
LEGISLATIVE HISTORY:
2011-12: S1418 Passed Senate
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
Immediately

S T A T E O F N E W Y O R K
________________________________________________________________________
4339
2015-2016 Regular Sessions
I N S E N A T E
March 16, 2015
___________
Introduced by Sen. SERINO -- read twice and ordered printed, and when
printed to be committed to the Committee on Crime Victims, Crime and
Correction
AN ACT to amend the correction law, in relation to permissible employ-
ment, employment related activities, and volunteer activities that may
be performed by convicted sex offenders
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 168-v of the correction law, as added by chapter
604 of the laws of 2005, is amended to read as follows:
S 168-v. Prohibition of CERTAIN TYPES OF employment [on motor vehicles
engaged in retail sales of frozen desserts] AND EMPLOYMENT RELATED
ACTIVITIES. No person required to maintain registration under this arti-
cle (sex offender registration act) shall: (I) operate, be employed on
or dispense goods for sale at retail on a motor vehicle engaged in
retail sales of frozen desserts as defined in subdivision thirty-seven
of section three hundred seventy-five of the vehicle and traffic law; OR
(II) BE PERMITTED TO WORK AT OR VOLUNTEER AT ANY FACILITY WHEREBY THE
NATURE OF THE WORK WOULD PERMIT SUCH PERSON TO HAVE UNSUPERVISED ACCESS
TO RESIDENTIAL LIVING QUARTERS INCLUDING, BUT NOT LIMITED TO WORK AS A
RESIDENTIAL BUILDING SUPERINTENDENT, MANAGER, OR MAINTENANCE WORKER, OR
A HOME HEALTH AIDE, OR IN AN ASSISTED LIVING FACILITY.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09382-01-5

Bill Amendments

S4328 - Details

S4328 - Summary

Establishes procedures for negotiated rule making.

S4328 - Sponsor Memo

BILL NUMBER:S4328
TITLE OF BILL: An act to amend the state administrative procedure act,
in relation to negotiated rule making
PURPOSE: This bill will promote greater use of negotiated rule making.
The bill provides for additional opportunities for direct small business
and public participation in the development of proposed agency regu-
lations by adding a formal negotiated rulemaking Article 2-A to the
State Administrative Procedure Act. Negotiated rule making allows small
business owners and representatives of all significant interests who
would be affected by a regulation to meet and develop as broad a consen-
sus as possible on terms of a rule making proposal.
Negotiated rule making has been used successfully by the federal and
state governments to eliminate or narrow the disagreements between
affected interests, shorten the rule making process, make litigation
less likely and improve the terms of a regulation.
SUMMARY OF PROVISIONS:
Section one establishes the title of the act as "the small business
negotiated rule making act of 2015."
Section two establishes the legislative intent.

Section three establishes a new Article 2-A to the State Administrative
Procedure Act (SAPA) which will encourage state agencies to use a proc-
ess for selecting rule proposals as candidates for negotiated rule
making, and for the identification and nomination of representatives of
interests necessary to negotiated rule making proceedings.
Section 250 sets forth the article's purpose: to establish a statutory
framework for the opportunity to select appropriate subjects for negoti-
ated rule making and the conduct of negotiated rule making.
Section 251 sets forth definitions for terms used in this article.
"Consensus" is defined ((as in Federal Negotiated Rule Making Act of
1990 (P.L. 101-648)) as unanimous concurrence of all represented inter-
ests, unless they all agree to another definition.
Section 252 sets forth the process and standards for agency determi-
nations of the need for negotiated rule making for a specific rule. To
be a candidate for negotiated rule making, a rule must significantly
affect a limited number of small business and identifiable interests,
and it must be possible to put together a balanced committee of repre-
sentatives of these interests, who are willing to negotiate in good
faith to reach a consensus on a proposed rule.
Section 253 sets forth the process for notice and comment on the
proposed formation of a negotiated rule making committee, once a rule
has been approved for negotiated rule making. Small businesses or
persons who believe their interests will not be adequately represented,
or the committee as proposed is not fair and balanced, may nominate
alternate or additional persons to serve on the committee. Special
efforts must be made to include small businesses, residents of rural
areas, inner-city urban areas, minority and disadvantaged groups and
other interests who may otherwise be underrepresented in the negotiated
rule making process. Decisions of the agency regarding committee member-
ship may be appealed to the agency, which shall decide appeals within 30
days.
Section 254 sets forth the process for formal establishment of the
committee.
Section 255 codifies standards for conducting committee activities,
including the selection of an impartial facilitator to assist in the
committee to reach consensus on aspects of the proposed rule. The
committee shall issue a report indicating those matters on which it has
reached consensus to the agency. All reports are made open and accessi-
ble to the public for inspection and copying.
Section 256 provides that the committee shall terminate upon promulga-
tion of the final rule under consideration, unless an earlier date is
contained in the committee's charter, or unless the agency decides
otherwise.
Section 257 provides for support services for the committee's function-
ing.
Section 258 follows the federal law in providing that actions relating
to establishing, assisting or terminating a negotiated rule making
committee shall not be subject to judicial review.
Section four states that the provisions of the act shall preempt and
supersede any inconsistent executive order relating to negotiated rule
making.
Section five establishes the effective date.
JUSTIFICATION: Currently, small businesses and the regulated public
have no means to negotiate with state agencies concerning the outcome of
regulatory proposals with the exception of normal notice and comment
rule making process. In many instances, public comments are not
adequately taken in to account and acted on by the agency, resulting in
no consideration of small businesses or the public's concerns. Negoti-
ated rule making, if planned and conducted properly and in a spirit of
openness and fairness, can counteract systemic tendencies toward
confrontation and onerous rule making.
LEGISLATIVE HISTORY: New bill
FISCAL IMPLICATIONS: None to the state
EFFECTIVE DATE: Immediately.

S T A T E O F N E W Y O R K
________________________________________________________________________
4328
2015-2016 Regular Sessions
I N S E N A T E
March 13, 2015
___________
Introduced by Sen. MURPHY -- read twice and ordered printed, and when
printed to be committed to the Committee on Commerce, Economic Devel-
opment and Small Business
AN ACT to amend the state administrative procedure act, in relation to
negotiated rule making
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "small business negotiated rule making act of 2015".
S 2. Legislative intent. The legislature hereby finds that providing
additional opportunities for direct small business and public partic-
ipation in the development of potentially controversial rules can
enhance the ability of the agency to develop the most appropriate and
effective regulatory language, and can reduce the time and expense occa-
sioned by litigation over the rule. Negotiated rule making provides a
means of improving the substance and increasing the acceptability of
rules, by affording to the agency, regulated small businesses and the
public the opportunity for face-to-face negotiations over a rule making
proposal which is under development by the agency. The opportunity for
representatives of the various persons and small businesses interested
in a rule to meet and communicate with each other provides a framework
for the sharing of information, knowledge and expertise in order to
develop a consensus on the most effective and appropriate rule making
proposal. Fair representation of all interested parties and a skilled
facilitator are essential elements of a successful negotiated rule
making process.
Therefore, the legislature declares it to be in the public interest to
set forth a statutory process for negotiated rule making in the state
administrative procedure act as an alternative means of developing
appropriate and effective proposed rules.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09934-01-5

S. 4328 2
S 3. The state administrative procedure act is amended by adding a new
article 2-A to read as follows:
ARTICLE 2-A
NEGOTIATED RULE MAKING
SECTION 250. PURPOSE OF ARTICLE.
251. DEFINITIONS.
252. DETERMINATION OF THE NEED FOR NEGOTIATED RULE MAKING.
253. NOTICE OF PROPOSED COMMITTEE FORMATION.
254. COMMITTEE ESTABLISHMENT.
255. CONDUCT OF COMMITTEE ACTIVITIES.
256. COMMITTEE TERMINATION.
257. SERVICES, FACILITIES AND PAYMENT OF EXPENSES OF COMMITTEE
MEMBERS.
258. JUDICIAL REVIEW.
S 250. PURPOSE OF ARTICLE. THE PURPOSE OF THIS ARTICLE IS TO ESTABLISH
A STATUTORY FRAMEWORK FOR THE SELECTION OF APPROPRIATE SUBJECTS FOR
NEGOTIATED RULE MAKING, AND FOR THE CONDUCT OF NEGOTIATED RULE MAKING.
NOTHING IN THIS ARTICLE IS INTENDED TO LIMIT OTHER INNOVATIVE RULE
MAKING PROCEDURES OTHERWISE AUTHORIZED BY STATUTE.
S 251. DEFINITIONS. AS USED IN THIS ARTICLE:
1. "CONSENSUS" MEANS UNANIMOUS CONCURRENCE AMONG THE INTERESTS REPRES-
ENTED ON A NEGOTIATED RULE MAKING COMMITTEE ESTABLISHED PURSUANT TO THIS
ARTICLE, UNLESS SUCH COMMITTEE BY UNANIMOUS CONCURRENCE (A) AGREES TO
DEFINE SUCH TERM TO MEAN A GENERAL BUT NOT UNANIMOUS CONCURRENCE; OR (B)
AGREES UPON ANOTHER SPECIFIED DEFINITION.
2. "FACILITATOR" MEANS A PERSON WHO IMPARTIALLY AIDS IN THE
DISCUSSIONS AND NEGOTIATIONS AMONG THE MEMBERS OF A NEGOTIATED RULE
MAKING COMMITTEE IN DEVELOPING A PROPOSED RULE.
3. "INTEREST" MEANS, WITH RESPECT TO AN ISSUE OR MATTER, MULTIPLE
PARTIES WHICH HAVE A SIMILAR POINT OF VIEW OR WHICH ARE LIKELY TO BE
AFFECTED IN A SIMILAR MANNER.
4. "NEGOTIATED RULE MAKING" MEANS RULE MAKING THROUGH THE USE OF A
NEGOTIATED RULE MAKING COMMITTEE.
5. "NEGOTIATED RULE MAKING COMMITTEE" OR "COMMITTEE" MEANS AN ADVISORY
COMMITTEE ESTABLISHED BY AN AGENCY IN ACCORDANCE WITH THE PROVISIONS OF
THIS ARTICLE TO CONSIDER AND DISCUSS ISSUES FOR THE PURPOSE OF REACHING
A CONSENSUS IN THE DEVELOPMENT OF A PROPOSED RULE.
S 252. DETERMINATION OF THE NEED FOR NEGOTIATED RULE MAKING. 1. AN
AGENCY MAY PROPOSE TO ESTABLISH A NEGOTIATED RULE MAKING COMMITTEE TO
NEGOTIATE AND DEVELOP A PROPOSED RULE, IF THE HEAD OF THE AGENCY DETER-
MINES THAT THE USE OF NEGOTIATED RULE MAKING IS APPROPRIATE AND IN THE
PUBLIC INTEREST. IN MAKING THIS DETERMINATION THE HEAD OF THE AGENCY
SHALL CONSIDER WHETHER:
(A) THERE IS A NEED FOR A RULE;
(B) THERE ARE A LIMITED NUMBER OF IDENTIFIABLE INTERESTS OR SMALL
BUSINESSES THAT WILL BE SIGNIFICANTLY AFFECTED BY THE RULE;
(C) THERE IS A REASONABLE LIKELIHOOD THAT SUCH A COMMITTEE CAN BE
CONVENED WITH BALANCED REPRESENTATION OF PERSONS WHO CAN ADEQUATELY
REPRESENT THE INTEREST IDENTIFIED UNDER PARAGRAPH (B) OF THIS SUBDIVI-
SION AND WHO ARE WILLING TO NEGOTIATE IN GOOD FAITH TO REACH A CONSENSUS
ON A PROPOSED RULE;
(D) THERE IS REASONABLE LIKELIHOOD THAT SUCH A COMMITTEE WILL REACH A
CONSENSUS ON THE PROPOSED RULE WITHIN A FIXED PERIOD OF TIME;
S. 4328 3
(E) USE OF NEGOTIATED RULE MAKING WILL NOT UNREASONABLY DELAY THE
NOTICE OF PROPOSED RULE MAKING AND THE ISSUANCE OF A FINAL RULE;
(F) THE AGENCY HAS ADEQUATE RESOURCES AND IS WILLING TO COMMIT SUCH
RESOURCES AS MAY BE NEEDED, INCLUDING TECHNICAL ASSISTANCE, TO A NEGOTI-
ATED RULE MAKING COMMITTEE;
(G) THE NEGOTIATED RULE MAKING WILL NOT IMPOSE A DISADVANTAGE ON
PERSONS WHOSE PARTICIPATION IS ESSENTIAL BUT WHO LACK THE RESOURCES TO
PARTICIPATE, OR, IF PARTICIPATION WOULD IMPOSE SUCH DISADVANTAGE, IT IS
LIKELY THAT THE AGENCY MAY OBTAIN AND MAKE AVAILABLE SUCH RESOURCES IN A
MANNER CONSISTENT WITH SECTION TWO HUNDRED FIFTY-SEVEN OF THIS ARTICLE;
AND
(H) THE AGENCY WILL USE THE CONSENSUS OF THE COMMITTEE WITH RESPECT TO
THE PROPOSED RULE AS THE BASIS FOR A RULE PROPOSED BY THE AGENCY FOR
NOTICE AND COMMENT.
2. AN AGENCY WHICH DETERMINES THAT THE PROPOSAL OF A NEGOTIATED RULE
MAKING PROCEEDING IS APPROPRIATE AND IN THE PUBLIC INTEREST SHALL
PROPOSE SUCH ACTION TO THE COMMITTEE. SUCH PROPOSAL SHALL INDICATE THE
BASIS FOR THE AGENCY'S DETERMINATION, AND SHALL LIST THE INTERESTS WHICH
THE AGENCY BELIEVES TO BE NECESSARY FOR REPRESENTATION IN THE NEGOTIATED
RULE MAKING PROCEEDING AND THE BASIS FOR DETERMINING THAT THE PROPOSED
LIST OF INTERESTS IS FAIR AND BALANCED. THE AGENCY'S PROPOSAL SHALL BE
MADE AVAILABLE TO THE PUBLIC ON REQUEST.
S 253. NOTICE OF PROPOSED COMMITTEE FORMATION. 1. IF AN AGENCY
APPROVES THE PROPOSAL TO CONDUCT A NEGOTIATED RULE MAKING PROCEEDING,
THEN THE AGENCY SHALL PUBLISH IN THE STATE REGISTER AND SUCH TRADE AND
OTHER SPECIALIZED PUBLICATIONS, AND BY SUCH ELECTRONIC MEANS AS IT DEEMS
APPROPRIATE A NOTICE WHICH SHALL INCLUDE:
(A) AN ANNOUNCEMENT THAT THE AGENCY INTENDS TO ESTABLISH A NEGOTIATED
RULE MAKING COMMITTEE TO NEGOTIATE AND DEVELOP A PROPOSED RULE;
(B) A DESCRIPTION OF THE SUBJECT AND SCOPE OF THE RULE TO BE DEVEL-
OPED, AND THE ISSUES TO BE CONSIDERED;
(C) A LIST OF SMALL BUSINESSES AND OTHER INTERESTS WHICH HAVE BEEN
DETERMINED TO BE LIKELY TO BE SIGNIFICANTLY AFFECTED BY THE RULE;
(D) A LIST OF THE PERSONS PROPOSED TO REPRESENT SUCH INTERESTS AND THE
PERSON OR PERSONS PROPOSED TO REPRESENT THE AGENCY;
(E) A PROPOSED AGENDA AND SCHEDULE FOR COMPLETING THE WORK OF THE
COMMITTEE, INCLUDING A TARGET DATE FOR PUBLICATION BY THE AGENCY OF A
PROPOSED RULE FOR NOTICE AND COMMENT;
(F) A DESCRIPTION OF ADMINISTRATIVE SUPPORT TO BE PROVIDED TO THE
COMMITTEE BY THE AGENCY;
(G) A SOLICITATION OF COMMENTS ON THE PROPOSAL TO ESTABLISH A COMMIT-
TEE, AND THE PROPOSED MEMBERSHIP OF THE COMMITTEE; AND
(H) AN EXPLANATION OF HOW A PERSON MAY APPLY TO NOMINATE ANOTHER
PERSON FOR MEMBERSHIP ON THE COMMITTEE, AS PROVIDED IN SUBDIVISION THREE
OF THIS SECTION.
2. SPECIAL EFFORTS SHALL BE MADE BY THE AGENCY TO SOLICIT PARTIC-
IPATION BY SMALL BUSINESSES, RESIDENTS OF RURAL AREAS, INNER-CITY URBAN
AREAS, MINORITY AND DISADVANTAGED GROUPS, AND OTHER INTERESTS WHO MAY
OTHERWISE NOT BE REPRESENTED OR MAY BE UNDERREPRESENTED IN THE NEGOTI-
ATED RULE MAKING PROCEEDING.
3. PERSONS WHO WOULD BE SIGNIFICANTLY AFFECTED BY A PROPOSED RULE AND
WHO BELIEVE THAT THEIR INTERESTS WOULD NOT BE ADEQUATELY REPRESENTED BY
ANY PERSON PROPOSED BY THE AGENCY TO REPRESENT THEIR INTERESTS, OR WHO
BELIEVE THAT THE PROPOSED REPRESENTATION OF INTERESTS ON THE COMMITTEE
WILL NOT BE FAIR AND BALANCED, MAY APPLY FOR OR NOMINATE ANOTHER PERSON
S. 4328 4
FOR MEMBERSHIP ON THE COMMITTEE TO REPRESENT SUCH INTERESTS OR TO
ACHIEVE SUCH BALANCE. EACH APPLICATION OR NOMINATION SHALL INCLUDE:
(A) THE NAME OF THE APPLICANT OR NOMINEE AND A DESCRIPTION OF THE
INTERESTS SUCH PERSON SHALL REPRESENT;
(B) INFORMATION THAT THE APPLICANT OR NOMINEE IS QUALIFIED TO REPRE-
SENT SUCH INTERESTS;
(C) A WRITTEN COMMITMENT THAT THE APPLICANT OR NOMINEE SHALL ACTIVELY
PARTICIPATE IN GOOD FAITH IN THE DEVELOPMENT OF THE RULE UNDER CONSIDER-
ATION; AND
(D) THE REASONS FOR BELIEVING THAT ANY PERSON OR PERSONS PROPOSED TO
REPRESENT INTERESTS IN THE NOTICE PUBLISHED PURSUANT TO SUBDIVISION ONE
OF THIS SECTION WOULD NOT ADEQUATELY REPRESENT THE INTERESTS OF THE
PERSON SUBMITTING THE APPLICATION OR NOMINATION.
4. THE AGENCY SHALL PROVIDE FOR A PERIOD OF AT LEAST THIRTY CALENDAR
DAYS FOR THE SUBMISSION OF COMMENTS AND APPLICATIONS UNDER THIS SECTION.
5. ANY SMALL BUSINESS OR PERSON WHO IS DISSATISFIED WITH AN AGENCY
DECISION THAT:
(A) IT IS NOT NECESSARY TO PROVIDE FOR REPRESENTATION OF THE INTEREST
WHICH SUCH BUSINESS OR PERSON PROPOSES TO REPRESENT; OR
(B) AN INDIVIDUAL IS NOT THE BEST QUALIFIED PERSON TO REPRESENT AN
INTEREST, MAY APPEAL SUCH DECISION TO THE AGENCY. SUCH BUSINESS OR
PERSON SHALL ADVISE THE AGENCY OF SUCH APPEAL AND SHALL PROVIDE THE
COMMITTEE AND AGENCY WITH A STATEMENT OF THE BASIS FOR SUCH APPEAL. IN
MAKING A DECISION ON REPRESENTATION OF AN INTEREST, EVIDENCE THAT AN
ORGANIZATION HAS AUTHORIZED A PERSON TO REPRESENT IT SHALL BE SUFFICIENT
TO DEMONSTRATE THAT SUCH INDIVIDUAL IS BEST QUALIFIED TO REPRESENT THAT
ORGANIZATION. THE AGENCY SHALL NOTIFY THE PROPOSED COMMITTEE MEMBERS OF
THE APPEAL. THE DECISION BY THE AGENCY SHALL BE ISSUED WITHIN THIRTY
DAYS AND SHALL BE FINAL.
S 254. COMMITTEE ESTABLISHMENT. 1. AFTER CONSIDERING COMMENTS AND
APPLICATIONS SUBMITTED PURSUANT TO SECTION TWO HUNDRED FIFTY-THREE OF
THIS ARTICLE, THE AGENCY SHALL DETERMINE WHETHER A NEGOTIATED RULE
MAKING COMMITTEE CAN ADEQUATELY REPRESENT, IN A FAIR AND BALANCED
MANNER, ALL INTERESTS THAT WILL BE SIGNIFICANTLY AFFECTED BY THE
PROPOSED RULE, AND WHETHER IT WOULD BE FEASIBLE AND APPROPRIATE TO
ESTABLISH A COMMITTEE FOR A PARTICULAR RULE MAKING. IN ESTABLISHING AND
ADMINISTERING A COMMITTEE, THE AGENCY SHALL COMPLY WITH THE INTENT OF
THIS ARTICLE.
2. THE AGENCY SHALL PROMPTLY PUBLISH NOTICE OF ITS DETERMINATION AND
THE REASONS THEREFOR IN THE STATE REGISTER, IN SUCH TRADE OR OTHER
SPECIALIZED PUBLICATIONS, OR BY ELECTRONIC MEANS AS IT DEEMS APPROPRI-
ATE. IN ADDITION, A COPY OF SUCH NOTICE SHALL BE SENT TO ANY PERSON WHO
APPLIED FOR OR NOMINATED ANOTHER PERSON FOR MEMBERSHIP ON SUCH COMMIT-
TEE.
3. THE AGENCY SHALL PROVIDE APPROPRIATE ADMINISTRATIVE SUPPORT TO THE
COMMITTEE, INCLUDING TECHNICAL ASSISTANCE.
S 255. CONDUCT OF COMMITTEE ACTIVITIES. 1. EACH NEGOTIATED RULE MAKING
COMMITTEE ESTABLISHED PURSUANT TO THIS ARTICLE SHALL CONSIDER THE
MATTERS PROPOSED FOR CONSIDERATION BY THE AGENCY AND SHALL ATTEMPT TO
REACH CONSENSUS ON A PROPOSED RULE WITH RESPECT TO SUCH MATTERS.
2. THE PERSON OR PERSONS REPRESENTING THE AGENCY ON A COMMITTEE SHALL
PARTICIPATE IN THE DELIBERATIONS AND ACTIVITIES OF THE COMMITTEE WITH
THE SAME RIGHTS AND RESPONSIBILITIES AS THE OTHER MEMBERS OF THE COMMIT-
TEE, AND SHALL BE AUTHORIZED TO FULLY REPRESENT THE AGENCY IN THE
DISCUSSIONS AND NEGOTIATIONS OF THE COMMITTEE.
S. 4328 5
3. THE AGENCY SHALL NOMINATE A PERSON TO SERVE AS A FACILITATOR FOR
THE NEGOTIATIONS OF THE COMMITTEE, SUBJECT TO THE APPROVAL OF THE
COMMITTEE BY CONSENSUS. IF THE COMMITTEE DOES NOT APPROVE THE NOMINEE OF
THE AGENCY AS FACILITATOR, THE COMMITTEE SHALL SELECT BY CONSENSUS A
PERSON TO SERVE AS THE FACILITATOR. A PERSON DESIGNATED TO REPRESENT THE
AGENCY IN NEGOTIATION OF SUBSTANTIVE ISSUES SHALL NOT SERVE AS FACILITA-
TOR OR CHAIR OF THE COMMITTEE.
4. A FACILITATOR APPROVED OR SELECTED BY A COMMITTEE SHALL:
(A) CHAIR THE MEETINGS OF THE COMMITTEE IN AN IMPARTIAL MANNER;
(B) IMPARTIALLY ASSIST THE MEMBERS OF THE COMMITTEE IN CONDUCTING
DISCUSSIONS AND NEGOTIATIONS;
(C) MANAGE THE KEEPING OF COMMITTEE MINUTES, EXCEPT THAT ANY PERSONAL
NOTES AND MATERIALS OF THE FACILITATOR OR MEMBERS OF THE COMMITTEE SHALL
NOT BE SUBJECT TO THIS SECTION; AND
(D) AT THE CONCLUSION OF THE PROCEEDING, PROVIDE THE AGENCY WITH HIS
OR HER OBSERVATIONS AND COMMENTS ON THE USEFULNESS AND EFFECTIVENESS OF
THE NEGOTIATED RULE MAKING PROCEEDING, AND SUCH OTHER COMMENTS AS HE OR
SHE DEEMS PERTINENT.
5. A COMMITTEE ESTABLISHED PURSUANT TO THIS ARTICLE MAY ADOPT PROCE-
DURES GOVERNING ITS OPERATION NOT INCONSISTENT WITH THE LAW.
6. (A) IF A COMMITTEE REACHES A CONSENSUS ON A PROPOSED RULE, AT THE
CONCLUSION OF NEGOTIATIONS THE COMMITTEE SHALL TRANSMIT TO THE AGENCY
WHICH ESTABLISHED THE COMMITTEE A REPORT CONTAINING SUCH PROPOSED RULE,
WHICH SHALL BE PROPOSED FOR ADOPTION BY THE AGENCY WITHIN SIXTY DAYS OF
RECEIPT OF THE REPORT. IF THE COMMITTEE DOES NOT REACH CONSENSUS ON A
PROPOSED RULE, THE COMMITTEE MAY TRANSMIT TO THE AGENCY A REPORT SPECI-
FYING ANY AREAS IN WHICH THE COMMITTEE REACHED A CONSENSUS. THE COMMIT-
TEE MAY INCLUDE IN THE REPORT AND OTHER INFORMATION, RECOMMENDATIONS OR
MATERIALS THAT THE COMMITTEE CONSIDERS APPROPRIATE. ANY COMMITTEE MEMBER
MAY INCLUDE AS AN ADDENDUM TO THE REPORT ADDITIONAL INFORMATION, RECOM-
MENDATIONS OR MATERIALS.
(B) ANY REPORT TRANSMITTED PURSUANT TO THIS SECTION SHALL BE PROVIDED
TO THE COMMITTEE AT THE SAME TIME SUCH REPORT IS PROVIDED TO THE AGENCY.
7. IN ADDITION TO THE REPORT REQUIRED BY SUBDIVISION SIX OF THIS
SECTION, A COMMITTEE SHALL SUBMIT TO THE AGENCY THE RECORDS, MATERIALS
AND REPORTS THAT WERE USED TO ARRIVE AT ITS RECOMMENDATIONS. ALL SUCH
RECORDS SHALL BE MADE AVAILABLE TO THE PUBLIC FOR INSPECTION AND COPY-
ING.
8. ALL RECORDS AND REPORTS MADE PURSUANT TO THIS SECTION, EXCEPT FOR
ANY PERSONAL NOTES AND MATERIALS OF THE FACILITATOR OR MEMBERS OF THE
COMMITTEE, SHALL BE OPEN AND ACCESSIBLE TO THE PUBLIC FOR INSPECTION AND
COPYING.
S 256. COMMITTEE TERMINATION. A NEGOTIATED RULE MAKING COMMITTEE SHALL
TERMINATE UPON PROMULGATION OF THE FINAL RULE UNDER CONSIDERATION,
UNLESS THE COMMITTEE'S CHARTER CONTAINS AN EARLIER TERMINATION DATE.
S 257. SERVICES, FACILITIES AND PAYMENT OF EXPENSES OF COMMITTEE
MEMBERS. 1. AN AGENCY MAY EMPLOY OR ENTER INTO CONTRACTS FOR THE
SERVICES OF AN INDIVIDUAL OR ORGANIZATION TO SERVE AS THE FACILITATOR
FOR A NEGOTIATED RULE MAKING COMMITTEE UNDER THIS ARTICLE, OR MAY USE
THE SERVICES OF A STATE EMPLOYEE TO ACT AS THE FACILITATOR FOR SUCH A
COMMITTEE.
2. FOR THE PURPOSES OF THIS SECTION, AN AGENCY MAY USE THE SERVICES
AND FACILITIES OF OTHER STATE AGENCIES, AND PUBLIC AND PRIVATE AGENCIES
AND INSTRUMENTALITIES, WITH THE CONSENT OF SUCH AGENCIES AND INSTRUMEN-
TALITIES, AND MAY RECEIVE AND ACCEPT VOLUNTARY AND UNCOMPENSATED
SERVICES FROM THEM.
S. 4328 6
3. MEMBERS OF A COMMITTEE SHALL BE RESPONSIBLE FOR THEIR OWN EXPENSES
OF PARTICIPATION ON SUCH COMMITTEE.
S 258. JUDICIAL REVIEW. ANY ACTION RELATING TO ESTABLISHING, ASSISTING
OR TERMINATING A NEGOTIATED RULE MAKING COMMITTEE PURSUANT TO THIS ARTI-
CLE SHALL NOT BE SUBJECT TO JUDICIAL REVIEW. NOTHING IN THIS SECTION
SHALL BAR JUDICIAL REVIEW OF A RULE IF SUCH JUDICIAL REVIEW IS OTHERWISE
PROVIDED BY LAW. A RULE WHICH IS THE PRODUCT OF NEGOTIATED RULE MAKING
AND IS SUBJECT TO JUDICIAL REVIEW SHALL NOT BE ACCORDED ANY GREATER
DEFERENCE BY A COURT THAN A RULE WHICH IS THE PRODUCT OF OTHER RULE
MAKING PROCEDURES.
S 4. The provisions of this act shall preempt and supersede any incon-
sistent executive order relating to negotiated rule making.
S 5. This act shall take effect immediately.

S4328A - Details

S4328A - Summary

Establishes procedures for negotiated rule making.

S4328A - Sponsor Memo

BILL NUMBER: S4328A
TITLE OF BILL :
An act to amend the state administrative procedure act, in relation to
negotiated rule making
PURPOSE :
This bill will promote greater use of negotiated rule making. The
bill provides for additional opportunities for direct small business
and public participation in the development of proposed agency
regulations by adding a formal negotiated rulemaking Article 2-A to
the State Administrative Procedure Act. Negotiated rule making allows
small business owners and representatives of all significant interests
who would be affected by a regulation to meet and develop as broad a
consensus as possible on terms of a rule making proposal.
Negotiated rule making has been used successfully by the federal and
state governments to eliminate or narrow the disagreements between
affected interests, shorten the rule making process, make litigation
less likely and improve the terms of a regulation.
SUMMARY OF PROVISIONS :
Section one establishes the title of the act as "the small business

negotiated rule making act of 2016."
Section two establishes the legislative intent.
Section three establishes a new Article 2-A to the State
Administrative Procedure Act (SAPA) which will encourage state
agencies to use a process for selecting rule proposals as candidates
for negotiated rule making, and for the identification and nomination
of representatives of interests necessary to negotiated rule making
proceedings.
Section 250 sets forth the article's purpose: to establish a statutory
framework for the opportunity to select appropriate subjects for
negotiated rule making and the conduct of negotiated rule making.
Section 251 sets forth definitions for terms used in this article.
"Consensus" is defined ((as in Federal Negotiated Rule Making Act of
1990 (P.L. 101-648)) as unanimous concurrence of all represented
interests, unless they all agree to another definition.
Section 252 sets forth the process and standards for agency
determinations of the need for negotiated rule making for a specific
rule. To be a candidate for negotiated rule making, a rule must
significantly affect a limited number of small business and
identifiable interests, and it must be possible to put together a
balanced committee of representatives of these interests, who are
willing to negotiate in good faith to reach a consensus on a proposed
rule.
Section 253 sets forth the process for notice and comment on the
proposed formation of a negotiated rule making committee, once a rule
has been approved for negotiated rule making. Small businesses or
persons who believe their interests will not be adequately
represented, or the committee as proposed is not fair and balanced,
may nominate alternate or additional persons to serve on the
committee. Special efforts must be made to include small businesses,
residents of rural areas, inner-city urban areas, minority and
disadvantaged groups and other interests who may otherwise be
underrepresented in the negotiated rule making process. Decisions of
the agency regarding committee membership may be appealed to the
agency, which shall decide appeals within 30 days.
Section 254 sets forth the process for formal establishment of the
committee.
Section 255 codifies standards for conducting committee activities,
including the selection of an impartial facilitator to assist in the
committee to reach consensus on aspects of the proposed rule. The
committee shall issue a report indicating those matters on which it
has reached consensus to the agency. All reports are made open and
accessible to the public for inspection and copying.
Section 256 provides that the committee shall terminate upon
promulgation of the final rule under consideration, unless an earlier
date is contained in the committee's charter, or unless the agency
decides otherwise.
Section 257 provides for support services for the committee's
functioning.
Section 258 follows the federal law in providing that actions relating
to establishing, assisting or terminating a negotiated rule making
committee shall not be subject to judicial review.
Section four states that the provisions of the act shall preempt and
supersede any inconsistent executive order relating to negotiated rule
making.
Section five establishes the effective date.
JUSTIFICATION :
Currently, small businesses and the regulated public have no means to
negotiate with state agencies concerning the outcome of regulatory
proposals with the exception of normal notice-and-comment rule making
process. In many instances, public comments are not adequately taken
in to account and acted on by the agency, resulting in no
consideration of small businesses or the public's concerns. Negotiated
rule making, if planned and conducted properly and in a spirit of
openness and fairness, can counteract systemic tendencies toward
confrontation and onerous rule making.
LEGISLATIVE HISTORY :
New bill
FISCAL IMPLICATIONS :
None to the state
EFFECTIVE DATE :
Immediately.

S T A T E O F N E W Y O R K
________________________________________________________________________
4328--A
2015-2016 Regular Sessions
I N S E N A T E
March 13, 2015
___________
Introduced by Sen. MURPHY -- read twice and ordered printed, and when
printed to be committed to the Committee on Commerce, Economic Devel-
opment and Small Business -- recommitted to the Committee on Commerce,
Economic Development and Small Business in accordance with Senate Rule
6, sec. 8 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the state administrative procedure act, in relation to
negotiated rule making
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "small business negotiated rule making act of 2016".
S 2. Legislative intent. The legislature hereby finds that providing
additional opportunities for direct small business and public partic-
ipation in the development of potentially controversial rules can
enhance the ability of the agency to develop the most appropriate and
effective regulatory language, and can reduce the time and expense occa-
sioned by litigation over the rule. Negotiated rule making provides a
means of improving the substance and increasing the acceptability of
rules, by affording to the agency, regulated small businesses and the
public the opportunity for face-to-face negotiations over a rule making
proposal which is under development by the agency. The opportunity for
representatives of the various persons and small businesses interested
in a rule to meet and communicate with each other provides a framework
for the sharing of information, knowledge and expertise in order to
develop a consensus on the most effective and appropriate rule making
proposal. Fair representation of all interested parties and a skilled
facilitator are essential elements of a successful negotiated rule
making process.
Therefore, the legislature declares it to be in the public interest to
set forth a statutory process for negotiated rule making in the state
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09934-02-6

S. 4328--A 2
administrative procedure act as an alternative means of developing
appropriate and effective proposed rules.
S 3. The state administrative procedure act is amended by adding a new
article 2-A to read as follows:
ARTICLE 2-A
NEGOTIATED RULE MAKING
SECTION 250. PURPOSE OF ARTICLE.
251. DEFINITIONS.
252. DETERMINATION OF THE NEED FOR NEGOTIATED RULE MAKING.
253. NOTICE OF PROPOSED COMMITTEE FORMATION.
254. COMMITTEE ESTABLISHMENT.
255. CONDUCT OF COMMITTEE ACTIVITIES.
256. COMMITTEE TERMINATION.
257. SERVICES, FACILITIES AND PAYMENT OF EXPENSES OF COMMITTEE
MEMBERS.
258. JUDICIAL REVIEW.
S 250. PURPOSE OF ARTICLE. THE PURPOSE OF THIS ARTICLE IS TO ESTABLISH
A STATUTORY FRAMEWORK FOR THE SELECTION OF APPROPRIATE SUBJECTS FOR
NEGOTIATED RULE MAKING, AND FOR THE CONDUCT OF NEGOTIATED RULE MAKING.
NOTHING IN THIS ARTICLE IS INTENDED TO LIMIT OTHER INNOVATIVE RULE
MAKING PROCEDURES OTHERWISE AUTHORIZED BY STATUTE.
S 251. DEFINITIONS. AS USED IN THIS ARTICLE:
1. "CONSENSUS" MEANS UNANIMOUS CONCURRENCE AMONG THE INTERESTS REPRES-
ENTED ON A NEGOTIATED RULE MAKING COMMITTEE ESTABLISHED PURSUANT TO THIS
ARTICLE, UNLESS SUCH COMMITTEE BY UNANIMOUS CONCURRENCE (A) AGREES TO
DEFINE SUCH TERM TO MEAN A GENERAL BUT NOT UNANIMOUS CONCURRENCE; OR (B)
AGREES UPON ANOTHER SPECIFIED DEFINITION.
2. "FACILITATOR" MEANS A PERSON WHO IMPARTIALLY AIDS IN THE
DISCUSSIONS AND NEGOTIATIONS AMONG THE MEMBERS OF A NEGOTIATED RULE
MAKING COMMITTEE IN DEVELOPING A PROPOSED RULE.
3. "INTEREST" MEANS, WITH RESPECT TO AN ISSUE OR MATTER, MULTIPLE
PARTIES WHICH HAVE A SIMILAR POINT OF VIEW OR WHICH ARE LIKELY TO BE
AFFECTED IN A SIMILAR MANNER.
4. "NEGOTIATED RULE MAKING" MEANS RULE MAKING THROUGH THE USE OF A
NEGOTIATED RULE MAKING COMMITTEE.
5. "NEGOTIATED RULE MAKING COMMITTEE" OR "COMMITTEE" MEANS AN ADVISORY
COMMITTEE ESTABLISHED BY AN AGENCY IN ACCORDANCE WITH THE PROVISIONS OF
THIS ARTICLE TO CONSIDER AND DISCUSS ISSUES FOR THE PURPOSE OF REACHING
A CONSENSUS IN THE DEVELOPMENT OF A PROPOSED RULE.
S 252. DETERMINATION OF THE NEED FOR NEGOTIATED RULE MAKING. 1. AN
AGENCY MAY PROPOSE TO ESTABLISH A NEGOTIATED RULE MAKING COMMITTEE TO
NEGOTIATE AND DEVELOP A PROPOSED RULE, IF THE HEAD OF THE AGENCY DETER-
MINES THAT THE USE OF NEGOTIATED RULE MAKING IS APPROPRIATE AND IN THE
PUBLIC INTEREST. IN MAKING THIS DETERMINATION THE HEAD OF THE AGENCY
SHALL CONSIDER WHETHER:
(A) THERE IS A NEED FOR A RULE;
(B) THERE ARE A LIMITED NUMBER OF IDENTIFIABLE INTERESTS OR SMALL
BUSINESSES THAT WILL BE SIGNIFICANTLY AFFECTED BY THE RULE;
(C) THERE IS A REASONABLE LIKELIHOOD THAT SUCH A COMMITTEE CAN BE
CONVENED WITH BALANCED REPRESENTATION OF PERSONS WHO CAN ADEQUATELY
REPRESENT THE INTEREST IDENTIFIED UNDER PARAGRAPH (B) OF THIS SUBDIVI-
SION AND WHO ARE WILLING TO NEGOTIATE IN GOOD FAITH TO REACH A CONSENSUS
ON A PROPOSED RULE;
S. 4328--A 3
(D) THERE IS REASONABLE LIKELIHOOD THAT SUCH A COMMITTEE WILL REACH A
CONSENSUS ON THE PROPOSED RULE WITHIN A FIXED PERIOD OF TIME;
(E) USE OF NEGOTIATED RULE MAKING WILL NOT UNREASONABLY DELAY THE
NOTICE OF PROPOSED RULE MAKING AND THE ISSUANCE OF A FINAL RULE;
(F) THE AGENCY HAS ADEQUATE RESOURCES AND IS WILLING TO COMMIT SUCH
RESOURCES AS MAY BE NEEDED, INCLUDING TECHNICAL ASSISTANCE, TO A NEGOTI-
ATED RULE MAKING COMMITTEE;
(G) THE NEGOTIATED RULE MAKING WILL NOT IMPOSE A DISADVANTAGE ON
PERSONS WHOSE PARTICIPATION IS ESSENTIAL BUT WHO LACK THE RESOURCES TO
PARTICIPATE, OR, IF PARTICIPATION WOULD IMPOSE SUCH DISADVANTAGE, IT IS
LIKELY THAT THE AGENCY MAY OBTAIN AND MAKE AVAILABLE SUCH RESOURCES IN A
MANNER CONSISTENT WITH SECTION TWO HUNDRED FIFTY-SEVEN OF THIS ARTICLE;
AND
(H) THE AGENCY WILL USE THE CONSENSUS OF THE COMMITTEE WITH RESPECT TO
THE PROPOSED RULE AS THE BASIS FOR A RULE PROPOSED BY THE AGENCY FOR
NOTICE AND COMMENT.
2. AN AGENCY WHICH DETERMINES THAT THE PROPOSAL OF A NEGOTIATED RULE
MAKING PROCEEDING IS APPROPRIATE AND IN THE PUBLIC INTEREST SHALL
PROPOSE SUCH ACTION TO THE COMMITTEE. SUCH PROPOSAL SHALL INDICATE THE
BASIS FOR THE AGENCY'S DETERMINATION, AND SHALL LIST THE INTERESTS WHICH
THE AGENCY BELIEVES TO BE NECESSARY FOR REPRESENTATION IN THE NEGOTIATED
RULE MAKING PROCEEDING AND THE BASIS FOR DETERMINING THAT THE PROPOSED
LIST OF INTERESTS IS FAIR AND BALANCED. THE AGENCY'S PROPOSAL SHALL BE
MADE AVAILABLE TO THE PUBLIC ON REQUEST.
S 253. NOTICE OF PROPOSED COMMITTEE FORMATION. 1. IF AN AGENCY
APPROVES THE PROPOSAL TO CONDUCT A NEGOTIATED RULE MAKING PROCEEDING,
THEN THE AGENCY SHALL PUBLISH IN THE STATE REGISTER AND SUCH TRADE AND
OTHER SPECIALIZED PUBLICATIONS, AND BY SUCH ELECTRONIC MEANS AS IT DEEMS
APPROPRIATE A NOTICE WHICH SHALL INCLUDE:
(A) AN ANNOUNCEMENT THAT THE AGENCY INTENDS TO ESTABLISH A NEGOTIATED
RULE MAKING COMMITTEE TO NEGOTIATE AND DEVELOP A PROPOSED RULE;
(B) A DESCRIPTION OF THE SUBJECT AND SCOPE OF THE RULE TO BE DEVEL-
OPED, AND THE ISSUES TO BE CONSIDERED;
(C) A LIST OF SMALL BUSINESSES AND OTHER INTERESTS WHICH HAVE BEEN
DETERMINED TO BE LIKELY TO BE SIGNIFICANTLY AFFECTED BY THE RULE;
(D) A LIST OF THE PERSONS PROPOSED TO REPRESENT SUCH INTERESTS AND THE
PERSON OR PERSONS PROPOSED TO REPRESENT THE AGENCY;
(E) A PROPOSED AGENDA AND SCHEDULE FOR COMPLETING THE WORK OF THE
COMMITTEE, INCLUDING A TARGET DATE FOR PUBLICATION BY THE AGENCY OF A
PROPOSED RULE FOR NOTICE AND COMMENT;
(F) A DESCRIPTION OF ADMINISTRATIVE SUPPORT TO BE PROVIDED TO THE
COMMITTEE BY THE AGENCY;
(G) A SOLICITATION OF COMMENTS ON THE PROPOSAL TO ESTABLISH A COMMIT-
TEE, AND THE PROPOSED MEMBERSHIP OF THE COMMITTEE; AND
(H) AN EXPLANATION OF HOW A PERSON MAY APPLY TO NOMINATE ANOTHER
PERSON FOR MEMBERSHIP ON THE COMMITTEE, AS PROVIDED IN SUBDIVISION THREE
OF THIS SECTION.
2. SPECIAL EFFORTS SHALL BE MADE BY THE AGENCY TO SOLICIT PARTIC-
IPATION BY SMALL BUSINESSES, RESIDENTS OF RURAL AREAS, INNER-CITY URBAN
AREAS, MINORITY AND DISADVANTAGED GROUPS, AND OTHER INTERESTS WHO MAY
OTHERWISE NOT BE REPRESENTED OR MAY BE UNDERREPRESENTED IN THE NEGOTI-
ATED RULE MAKING PROCEEDING.
3. PERSONS WHO WOULD BE SIGNIFICANTLY AFFECTED BY A PROPOSED RULE AND
WHO BELIEVE THAT THEIR INTERESTS WOULD NOT BE ADEQUATELY REPRESENTED BY
ANY PERSON PROPOSED BY THE AGENCY TO REPRESENT THEIR INTERESTS, OR WHO
BELIEVE THAT THE PROPOSED REPRESENTATION OF INTERESTS ON THE COMMITTEE
S. 4328--A 4
WILL NOT BE FAIR AND BALANCED, MAY APPLY FOR OR NOMINATE ANOTHER PERSON
FOR MEMBERSHIP ON THE COMMITTEE TO REPRESENT SUCH INTERESTS OR TO
ACHIEVE SUCH BALANCE. EACH APPLICATION OR NOMINATION SHALL INCLUDE:
(A) THE NAME OF THE APPLICANT OR NOMINEE AND A DESCRIPTION OF THE
INTERESTS SUCH PERSON SHALL REPRESENT;
(B) INFORMATION THAT THE APPLICANT OR NOMINEE IS QUALIFIED TO REPRE-
SENT SUCH INTERESTS;
(C) A WRITTEN COMMITMENT THAT THE APPLICANT OR NOMINEE SHALL ACTIVELY
PARTICIPATE IN GOOD FAITH IN THE DEVELOPMENT OF THE RULE UNDER CONSIDER-
ATION; AND
(D) THE REASONS FOR BELIEVING THAT ANY PERSON OR PERSONS PROPOSED TO
REPRESENT INTERESTS IN THE NOTICE PUBLISHED PURSUANT TO SUBDIVISION ONE
OF THIS SECTION WOULD NOT ADEQUATELY REPRESENT THE INTERESTS OF THE
PERSON SUBMITTING THE APPLICATION OR NOMINATION.
4. THE AGENCY SHALL PROVIDE FOR A PERIOD OF AT LEAST THIRTY CALENDAR
DAYS FOR THE SUBMISSION OF COMMENTS AND APPLICATIONS UNDER THIS SECTION.
5. ANY SMALL BUSINESS OR PERSON WHO IS DISSATISFIED WITH AN AGENCY
DECISION THAT:
(A) IT IS NOT NECESSARY TO PROVIDE FOR REPRESENTATION OF THE INTEREST
WHICH SUCH BUSINESS OR PERSON PROPOSES TO REPRESENT; OR
(B) AN INDIVIDUAL IS NOT THE BEST QUALIFIED PERSON TO REPRESENT AN
INTEREST, MAY APPEAL SUCH DECISION TO THE AGENCY. SUCH BUSINESS OR
PERSON SHALL ADVISE THE AGENCY OF SUCH APPEAL AND SHALL PROVIDE THE
COMMITTEE AND AGENCY WITH A STATEMENT OF THE BASIS FOR SUCH APPEAL. IN
MAKING A DECISION ON REPRESENTATION OF AN INTEREST, EVIDENCE THAT AN
ORGANIZATION HAS AUTHORIZED A PERSON TO REPRESENT IT SHALL BE SUFFICIENT
TO DEMONSTRATE THAT SUCH INDIVIDUAL IS BEST QUALIFIED TO REPRESENT THAT
ORGANIZATION. THE AGENCY SHALL NOTIFY THE PROPOSED COMMITTEE MEMBERS OF
THE APPEAL. THE DECISION BY THE AGENCY SHALL BE ISSUED WITHIN THIRTY
DAYS AND SHALL BE FINAL.
S 254. COMMITTEE ESTABLISHMENT. 1. AFTER CONSIDERING COMMENTS AND
APPLICATIONS SUBMITTED PURSUANT TO SECTION TWO HUNDRED FIFTY-THREE OF
THIS ARTICLE, THE AGENCY SHALL DETERMINE WHETHER A NEGOTIATED RULE
MAKING COMMITTEE CAN ADEQUATELY REPRESENT, IN A FAIR AND BALANCED
MANNER, ALL INTERESTS THAT WILL BE SIGNIFICANTLY AFFECTED BY THE
PROPOSED RULE, AND WHETHER IT WOULD BE FEASIBLE AND APPROPRIATE TO
ESTABLISH A COMMITTEE FOR A PARTICULAR RULE MAKING. IN ESTABLISHING AND
ADMINISTERING A COMMITTEE, THE AGENCY SHALL COMPLY WITH THE INTENT OF
THIS ARTICLE.
2. THE AGENCY SHALL PROMPTLY PUBLISH NOTICE OF ITS DETERMINATION AND
THE REASONS THEREFOR IN THE STATE REGISTER, IN SUCH TRADE OR OTHER
SPECIALIZED PUBLICATIONS, OR BY ELECTRONIC MEANS AS IT DEEMS APPROPRI-
ATE. IN ADDITION, A COPY OF SUCH NOTICE SHALL BE SENT TO ANY PERSON WHO
APPLIED FOR OR NOMINATED ANOTHER PERSON FOR MEMBERSHIP ON SUCH COMMIT-
TEE.
3. THE AGENCY SHALL PROVIDE APPROPRIATE ADMINISTRATIVE SUPPORT TO THE
COMMITTEE, INCLUDING TECHNICAL ASSISTANCE.
S 255. CONDUCT OF COMMITTEE ACTIVITIES. 1. EACH NEGOTIATED RULE MAKING
COMMITTEE ESTABLISHED PURSUANT TO THIS ARTICLE SHALL CONSIDER THE
MATTERS PROPOSED FOR CONSIDERATION BY THE AGENCY AND SHALL ATTEMPT TO
REACH CONSENSUS ON A PROPOSED RULE WITH RESPECT TO SUCH MATTERS.
2. THE PERSON OR PERSONS REPRESENTING THE AGENCY ON A COMMITTEE SHALL
PARTICIPATE IN THE DELIBERATIONS AND ACTIVITIES OF THE COMMITTEE WITH
THE SAME RIGHTS AND RESPONSIBILITIES AS THE OTHER MEMBERS OF THE COMMIT-
TEE, AND SHALL BE AUTHORIZED TO FULLY REPRESENT THE AGENCY IN THE
DISCUSSIONS AND NEGOTIATIONS OF THE COMMITTEE.
S. 4328--A 5
3. THE AGENCY SHALL NOMINATE A PERSON TO SERVE AS A FACILITATOR FOR
THE NEGOTIATIONS OF THE COMMITTEE, SUBJECT TO THE APPROVAL OF THE
COMMITTEE BY CONSENSUS. IF THE COMMITTEE DOES NOT APPROVE THE NOMINEE OF
THE AGENCY AS FACILITATOR, THE COMMITTEE SHALL SELECT BY CONSENSUS A
PERSON TO SERVE AS THE FACILITATOR. A PERSON DESIGNATED TO REPRESENT THE
AGENCY IN NEGOTIATION OF SUBSTANTIVE ISSUES SHALL NOT SERVE AS FACILITA-
TOR OR CHAIR OF THE COMMITTEE.
4. A FACILITATOR APPROVED OR SELECTED BY A COMMITTEE SHALL:
(A) CHAIR THE MEETINGS OF THE COMMITTEE IN AN IMPARTIAL MANNER;
(B) IMPARTIALLY ASSIST THE MEMBERS OF THE COMMITTEE IN CONDUCTING
DISCUSSIONS AND NEGOTIATIONS;
(C) MANAGE THE KEEPING OF COMMITTEE MINUTES, EXCEPT THAT ANY PERSONAL
NOTES AND MATERIALS OF THE FACILITATOR OR MEMBERS OF THE COMMITTEE SHALL
NOT BE SUBJECT TO THIS SECTION; AND
(D) AT THE CONCLUSION OF THE PROCEEDING, PROVIDE THE AGENCY WITH HIS
OR HER OBSERVATIONS AND COMMENTS ON THE USEFULNESS AND EFFECTIVENESS OF
THE NEGOTIATED RULE MAKING PROCEEDING, AND SUCH OTHER COMMENTS AS HE OR
SHE DEEMS PERTINENT.
5. A COMMITTEE ESTABLISHED PURSUANT TO THIS ARTICLE MAY ADOPT PROCE-
DURES GOVERNING ITS OPERATION NOT INCONSISTENT WITH THE LAW.
6. (A) IF A COMMITTEE REACHES A CONSENSUS ON A PROPOSED RULE, AT THE
CONCLUSION OF NEGOTIATIONS THE COMMITTEE SHALL TRANSMIT TO THE AGENCY
WHICH ESTABLISHED THE COMMITTEE A REPORT CONTAINING SUCH PROPOSED RULE,
WHICH SHALL BE PROPOSED FOR ADOPTION BY THE AGENCY WITHIN SIXTY DAYS OF
RECEIPT OF THE REPORT. IF THE COMMITTEE DOES NOT REACH CONSENSUS ON A
PROPOSED RULE, THE COMMITTEE MAY TRANSMIT TO THE AGENCY A REPORT SPECI-
FYING ANY AREAS IN WHICH THE COMMITTEE REACHED A CONSENSUS. THE COMMIT-
TEE MAY INCLUDE IN THE REPORT AND OTHER INFORMATION, RECOMMENDATIONS OR
MATERIALS THAT THE COMMITTEE CONSIDERS APPROPRIATE. ANY COMMITTEE MEMBER
MAY INCLUDE AS AN ADDENDUM TO THE REPORT ADDITIONAL INFORMATION, RECOM-
MENDATIONS OR MATERIALS.
(B) ANY REPORT TRANSMITTED PURSUANT TO THIS SECTION SHALL BE PROVIDED
TO THE COMMITTEE AT THE SAME TIME SUCH REPORT IS PROVIDED TO THE AGENCY.
7. IN ADDITION TO THE REPORT REQUIRED BY SUBDIVISION SIX OF THIS
SECTION, A COMMITTEE SHALL SUBMIT TO THE AGENCY THE RECORDS, MATERIALS
AND REPORTS THAT WERE USED TO ARRIVE AT ITS RECOMMENDATIONS. ALL SUCH
RECORDS SHALL BE MADE AVAILABLE TO THE PUBLIC FOR INSPECTION AND COPY-
ING.
8. ALL RECORDS AND REPORTS MADE PURSUANT TO THIS SECTION, EXCEPT FOR
ANY PERSONAL NOTES AND MATERIALS OF THE FACILITATOR OR MEMBERS OF THE
COMMITTEE, SHALL BE OPEN AND ACCESSIBLE TO THE PUBLIC FOR INSPECTION AND
COPYING.
S 256. COMMITTEE TERMINATION. A NEGOTIATED RULE MAKING COMMITTEE SHALL
TERMINATE UPON PROMULGATION OF THE FINAL RULE UNDER CONSIDERATION,
UNLESS THE COMMITTEE'S CHARTER CONTAINS AN EARLIER TERMINATION DATE.
S 257. SERVICES, FACILITIES AND PAYMENT OF EXPENSES OF COMMITTEE
MEMBERS. 1. AN AGENCY MAY EMPLOY OR ENTER INTO CONTRACTS FOR THE
SERVICES OF AN INDIVIDUAL OR ORGANIZATION TO SERVE AS THE FACILITATOR
FOR A NEGOTIATED RULE MAKING COMMITTEE UNDER THIS ARTICLE, OR MAY USE
THE SERVICES OF A STATE EMPLOYEE TO ACT AS THE FACILITATOR FOR SUCH A
COMMITTEE.
2. FOR THE PURPOSES OF THIS SECTION, AN AGENCY MAY USE THE SERVICES
AND FACILITIES OF OTHER STATE AGENCIES, AND PUBLIC AND PRIVATE AGENCIES
AND INSTRUMENTALITIES, WITH THE CONSENT OF SUCH AGENCIES AND INSTRUMEN-
TALITIES, AND MAY RECEIVE AND ACCEPT VOLUNTARY AND UNCOMPENSATED
SERVICES FROM THEM.
S. 4328--A 6
3. MEMBERS OF A COMMITTEE SHALL BE RESPONSIBLE FOR THEIR OWN EXPENSES
OF PARTICIPATION ON SUCH COMMITTEE.
S 258. JUDICIAL REVIEW. ANY ACTION RELATING TO ESTABLISHING, ASSISTING
OR TERMINATING A NEGOTIATED RULE MAKING COMMITTEE PURSUANT TO THIS ARTI-
CLE SHALL NOT BE SUBJECT TO JUDICIAL REVIEW. NOTHING IN THIS SECTION
SHALL BAR JUDICIAL REVIEW OF A RULE IF SUCH JUDICIAL REVIEW IS OTHERWISE
PROVIDED BY LAW. A RULE WHICH IS THE PRODUCT OF NEGOTIATED RULE MAKING
AND IS SUBJECT TO JUDICIAL REVIEW SHALL NOT BE ACCORDED ANY GREATER
DEFERENCE BY A COURT THAN A RULE WHICH IS THE PRODUCT OF OTHER RULE
MAKING PROCEDURES.
S 4. The provisions of this act shall preempt and supersede any incon-
sistent executive order relating to negotiated rule making.
S 5. This act shall take effect immediately.

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LEGISLATIVE RESOLUTION commemorating the 100th Anniversary of the
creation of Van Cleef Lake to be celebrated August 7-20, 2015

WHEREAS, It is the intent of this Legislative Body to honor and commem-
orate the proud and distinguished histories of the people and communi-
ties which comprise the noble body of this great Empire State; and
WHEREAS, Attendant to such concern, and in full accord with its long-
standing traditions, this Legislative Body is justly proud to commem-
orate the 100th Anniversary of the creation of Van Cleef Lake to be
celebrated August 7-20, 2015, in Seneca Falls, New York; and
WHEREAS, In the early 19th Century, the Village of Seneca Falls expe-
rienced tremendous growth as dozens of mills and water powered indus-
tries were established along the south side of the Seneca River; as the
area became a world leader in manufacturing, a neighborhood known as
"The Flats" became the center of much of its commercial activity; and
WHEREAS, On August 20, 1915, a major transformational event occurred
in the history of the Seneca Falls community when improvements to the
Cayuga-Seneca Canal led to the flooding of The Flats, creating today's
Van Cleef Lake, and the highest operating locks in the New York State
Canal System; and
WHEREAS, As a result of the development of this new canal system, 116
commercial enterprises and 60 residences were forced to relocate or be
demolished as the water level was planned to rise by 60 feet; and
WHEREAS, Mynderse Van Cleef, a former Seneca Falls resident who was
living in Ithaca, offered the Seneca Falls Board of Trustees a signif-
icant contribution towards the improvement of this new body of water if
they would name it Van Cleef Lake; and
WHEREAS, The improvements to the Cayuga-Seneca Canal and the creation
of Van Cleef Lake left an indelible mark on the history of Western New
York, contributing to the area's development in the 20th century; and
WHEREAS, It is the sense of this Legislative Body to recognize events
of historical significance within the State of New York, and in doing
so, help to ensure that the complete history of our State and Nation is
preserved and shared with present and future generations of citizens;
and
WHEREAS, In recognition of Seneca Falls' rich history and enduring
contribution to the State of New York, this Legislative Body is proud to
pay tribute to Seneca Falls on the 100th Anniversary of this historic
occasion; now, therefore, be it
RESOLVED, That this Legislative Body pause in its deliberations to
commemorate the 100th Anniversary of the creation of Van Cleef Lake to
be celebrated August 7-20, 2015; and be it further
RESOLVED, That a copy of this Resolution, suitably engrossed, be tran-
smitted to Carol Ritter Wright, Chairperson of the Van Cleef Lake
Centennial Committee in Seneca Falls, New York.